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TITLE 5 - DEP GROUND WATER DISCHARGE PERMIT PROGRAM72 +Yf THE COMMOAWF_ALTH OF MASSACHUSETTS Office of the Secretary of the Commonwealth Regulation Filing To be completed by filing agency CHAPTER NUMBER: 314 CMR 5. 60 CHAPTER TITLE: AGENCY: Ground Water Discharge Permit Program Department,of Environmental Protection The regulation contains requirements for discharges to SUMMARY OF REGULATION the ground that require permits. The amendment revises State the general requirements andpurposes of this regulation: the permit exemption applicable to discharges of sewage regulated under Title 5, 310 CAIR 15.000, and eatempts from the need for a groundwater discharge permit facilities that discharge sewage when such facilities and discharges are in compliance with rhe reouirements of the new TitZ e 5, 310 CNR 15.000, which lowered the pe2ruit thrashoZd from 15,000 to 10,000 gallons per day. REGULATORY AUTHORITY: G.L. c.21, ss. 26 through 53 AGENCY CONTACT: Ricna: a Cnretien PHONE: 556-1154 ADDRESS: One Winter, Street 8th floor, Boston ',IA 02108 Compliance with M.G.L. c. 30A EMERGENCY ADOPTION If this regulation is adopted as an emergency regulation, state the nature of the emer- gency. Id/A PRIOR NOTIFICATION AND/OR APPROVAL If prior• notification to and./or approval of the Governor, legislature or others was re- quired, list each notification, approval and date, including notice to the Local Govern- ment Advisory. Commission: " Approval of Water Resources Commission received: 3/9/95 Approval of'Commissioner of Department of Public Health received: 3/2/95 See Attachment 1 for prior notification list PUBLIC REVIEW Was notice of the hearing or comment period filed with the Secretary of State published in appropriate newspapers and sent to persons to whom specific notice must be given at least 21 days prior to such hearing or comment period. Yes 0 Date of public hearing or comment period: Public hearings held 1/31/95 Public comment period ended 2/10/95 FISCAL EFFECT Estimate the fiscal effect on the public and private sectors: For the first and second years: For the first five years: See Attachment 2. No fiscal effect: SMALL BUSINESS IMPACT State the impact of this regulation on small business. Include a description of report- ing, record keeping and other compliance requirements as u&e11 as the appropriateness ofperformance versus design standards and whether this regulation duplicates or conflicts with any other regulation. If the purpose of this regulation is to set rates for the state this section does not apply. See Attachment 2. CODE OF MASSACHUSETTS REGULATIONS INDEX List key subjects.entries that are relevant to this regulation: groundwater discharge permit PROMULGATION discharge permit exemptions sewage Title 5 State the action taken by this regulation and its effect on existing provisions of the Code of A,1assachusetis Regulations (CMR) to repeal, replace or amend. List by CMR number: Replaces 314 CMR 5.05(1) ATTESTATION The regulation described herein and attached hereto is a true copy of the regulation adopted by th���//t�,� ency. A ST Signature: O ?,- t Date: 3 9S Thomas B. Powers, Acting Commissioner Publication Tobe completed by the Regulations Division ALASSACHUSETTS REGISTER NUMBER: 761 EFFECTIVE DATE: 3/31/95 CODE OF MASSACHUSETTS REGULATIONS Remove these pages:I Insert ibese pages: C,%:R: Vol. 165, 166 165-166.2 62 DATE: 3/24/95 A TRUE COPY ATTEST WILLIAM FRANCIS GALVIN SECRETARY OF THE COMMONWFAI Tu DATE 0 0 Attachment 1. Prior Notification The Department provided written notice of its intent to revise 314 CMR 5.05(1) as follows: On December 9, 1994, to: Massachusetts Secretary of state Regulations Division Department of Environmental Protection/Re: Source Reduction incentives Local Government Advisory Committee, Massachusetts Municipal Association Executive office of Communities s Development, Div. of community Affairs Department of Public Utilities Energy Facilities siting Board Advisory Board on Toxics Use Reduction Administrative Council on Toxics use Reduction Executive office of Economic Affairs State Auditor Division of Mandates Department of Public Health Secretary, Executive office of Environmental Affairs Public Review Notice of the public hearing and comment period was published in "The Boston Globe• and "The Springfield union -News" on January 9, 1995, and in the "Massachusetts Register" on January 13, 1995. The Department held public hearings on the proposed revisions on January 31, 1995, as follows: at the Department's regional offices from 10 a.m. to noon at 20 Riverside Drive in Lakeville and 75 Grove street in Worcester; from 2 p.m. to 4 p.m. at the bepartment's regional. office at 10 Commerce way in Woburn, and from 10 a.m. to noon at Springfield City Hall, 36 Court Street, Springfield, Massachusetts. The Department accepted verbal and written comments at the public hearings and written comments through February 10, 1995, which was the close of the public comment period. pub -rev i 63 Attachment 2 0 30A SECTION 5 FILINGS The Department's revision of the groundwater discharge permit exemption at 314 CMR 5.05(1), which concerns sewage disposal systems regulated under the new Title 5, 310 CMR 15.000, parallels a provision in the new Title 5, by reducing the threshold for the need for a groundwater discharge permit for most new systems, from over 15,000 gallons per day to 10,000 gallons per day. Existing and new large systems that are grandfathered under the new Title 5 also will be grandfathered under 314 CMR 5.05(1), and will not need a discharge permit and wastewater treatment facility. While the cost of design and construction of a 10,000 to 15,000 gallon per day wastewater treatment facility required under a discharge permit would be approximately $400,000, the number of existing and anticipated proposed new systems in the 10,000 - 15,000 gallon per day. range is quite small. The regulatory change does not impose the cost of a permitted wastewater treatment facility. The proponent of a new project may, for example, avoid this cost by choosing to keep proposed flows below the permit threshold volume. Additionally, numerous cities and towns have reported that there are no systems of this volume within their boundaries, several others have a reported average of only three systems of this size. Overall, therefore, the Department expects that this revision will have only a negligible fiscal impact on the public and private sectors, including small businesess, over the first, second and first five years following its effective date. Moreover, the increase in environmental protection that will result from the permit requirement for large systems, in particular those in close proximity to public water supply wells, will eliminate a potential source of water supply contamination as well as the cost of any resulting contamination correction. The revision contains no reporting and record keeping requirements for small businesses or other entities. With regard to performance versus design standards, one result of the requirement for a groundwater discharge permit for most new discharges of sewage of 10,000 gallons per day and greater is compliance with the effluent limitations and other provisions of 314 CMR 5.00 and 314 CMR 6.00, which contain water quality based and technology based performance, rather than design, standards for such discharges. Finally, with respect to the issue of duplicative or conflicting regulations, the Department has not identified any regulations that would conflict with or duplicate any of the revisions. • +H 314 CMR: DIVISION OF WATER POLLUTION CONTROL 5.02: continued Underground Injection Control or UIC - the program under Section 1421 of the Safe Drinking Water Act (P.L. 93-523 as amended by P.L. 95-190 and 96-502). Unconsolidated Deposits - all non -indurated or poorly indurated soil materials above the bed rock. Unsaturated Zone - that portion of the earth's crust which does not contain sufficient water to fill all interconnected voids or pore spaces. Perched water bodies may exist within the unsaturated zone. Wastewater - sewage, industrial waste, other wastes or any combination of the three. Waters of the Commonwealth - all waters within the jurisdiction of the Commonwealth, including, without limitation, rivers, streams, lakes, ponds, springs, impoundments, estuaries, wetlands, coastal waters, and ground waters. Well - a bored, drilled, or driven shaft or a dug hole, whose depth is greater than its largest surface dimension. 5.03: Discharges Requiring a Permit (1) No person shall discharge pollutants to ground waters of the Commonwealth without a currently valid permit from the Director pursuant to M.G.L. c. 21, § 43 and 314 CMR 5.00, unless exempted in 314 CMR 5.05. No person shall construct, install, modify, operate or maintain an outlet for such a discharge or any treatment works required to treat such discharge without having first obtained a discharge permit in accordance with 314 CMR 5.03(1) and written approval from the Department for such activity. Any person who discharges or proposes to discharge to ground waters of the Commonwealth may obtain a i. permit by filing the appropriate application forms in accordance with 314 CMR 5.00 and 2.00. (2) Activities which constitute discharges of pollutants requiring a pemtit under 314 CMR 5.03 (1) include, but are not limited to: (a) Any facility which discharges a liquid effluent onto or below the land surface; (b) Any facility which discharges a liquid effluent to a percolation pit, pond, or lagoon; (c) Any facility which discharges a liquid effluent via subsurface leaching facilities including but not limited to: leaching pits, galleries, chambers, trenches, fields and pipes; (d) Any facility which discharges a liquid effluent into a Class V injection well as defined in 310 CMR 27.00; or (e) Any facility with an associated unlined pit, pond, lagoon, or surface impoundment in which wastewaters or sludges are collected, stored, treated, or disposed and from which a liquid portion seeps into the ground. 5.04: Other Activities Requiring a Permit (1) No person shall engage in any other activity, other than those described in 314 CMR 5.03, which may reasonably result, directly or indirectly, in the discharge of pollutants into ground waters of the Commonwealth, without a currently valid permit from the Director, pursuant to 314 CMR 5.00 and 2.00, unless exempted in 314 CMR 5.05. Any person who engages or proposes to engage in such activities may obtain a permit by filing the appropriate application forms in accordance with 314 CMR 5.00 and 2.00. (2) Such other activities shall specifically include, but not be limited to: (a) Storm Water Discharges to the ground as defined herein. "Storm water discharges" means a conveyance or system of conveyances (including • pipes, conduits, ditches and channels) primarily used for collecting and conveying storm water runoff, but not including combined municipal sewer systems, and which: " 12/1/93 314 CMR - 165 •- .. f. 1..... Imo. ...t4 _ 314 CMR: DIVISION OF WATER POLLUTION CONTROL 5.04: continued 1. Discharges storm water runoff contaminated by contact with process wastes, raw materials, toxic pollutants, hazardous substances, or oil and grease to a leaching facility, or percolation pit, pond, or lagoon; or 2. Is designated under 314 CMR 5.04(2)(6). Such discharges shall include, but not be limited to, any "storm water discharge" which is located in an industrial plant or in plant associated areas, if there is a potential for significant discharge of storm water contaminated by contact with process wastes, raw materials, toxic pollutants or hazardous substances. 'Plant associated areas" means industrial plant yards, immediate access roads, drainage ponds, refuse piles, storage piles or areas, and material or product loading and unloading areas. The term excludes areas located on plant lands separated from the plant's industrial activities, such as office buildings and accompanying parking lots. (b) Case -by case designation of storm water discharges to the ground. The Director may designate a conveyance or system of conveyances primarily used for collecting and conveying storm water runoff as a storm water discharge to the ground. This designation may be made when the Director determines that a storm water discharge is or may be a significant contributor of pollution to the ground waters of the Commonwealth. In . making this determination, the Director shall consider the following factors: 1. The location of the discharge with respect to ground waters of the Commonwealth. 2. The size of the discharge. 3. The quantity and nature of the pollutants reaching ground waters of the Commonwealth and the Massachusetts water quality standards applicable to such waters; and 4. Other relevant factors. (3) Any person owning, operating or maintaining a "storm water discharge' is subject to the requirements of 314 CMR 5.04(1). (4) Any person owning, operating or maintaining a conveyance or system of conveyances • operated primarily for the purpose of collecting and conveying storm water runoff which does not constitute a "storm water discharge" is subject to the provisions of 314 CMR 5.05(8). 5.05: Exemptions The following activities are exempt from the need to obtain a permit pursuant to M.G.L. c. 21, § 43 and 314 CMR 5.00: (1)(a) Any facility which discharges a liquid effluent as a result of the treatment of sewage at a treatment works which is designed to receive and receives less than 10,000 gallons per day, provided that such facility and treatment works are designed, approved, constructed and maintained in accordance with 310 CMR 15.000: The State Environmental Cade, Title 5, Standard Requirements For the Siting, Construction, Inspection, Upgrade and Expansion of On -Sire Sewage Treatment and Disposal Systems and for the Transport and Disposal of Septage. (b) Any facility which discharges a liquid effluent as a result of the treatment of sewage at a treatment works which is designed to receive and receives 10,000 to 15,000 gallons per day, which, pursuant to the Applicability or Transition provisions of 310 CMR 15.000, may be approved, constructed and/or maintained after March 31, 1995; provided that such facility and treatment works are designed, approved, constructed and maintained in accordance with 310 CMR 15.000. (c) Any facility which discharges a liquid effluent as a result of the treatment of sewage at a treatment works which: 1. is designed to receive and receives 15,000 gallons per day or less provided that the facility and treatment works were designed, approved, constructed and have been maintained in accordance with 310 CMR 15.00, The State Environmental Code, Title 5, Minimum Requirements for the Subsurface Disposal of Sanitary Sewage (the 1978 • Code," as in effect until March 31, 1995), or in accordance with Amxle 11 of T!u State Sanitary Code, Minimum Standards for Sanitary Sewage (the predecessor to the 1978 Code) as in effect; and 3/24/95 (Effective 3/31/95) 314 CMR - 166 J THE COMMONWEALTH OF MASSACHUSETTS Office of the Secretary of the Commonwealtb Regulation Filing To be completed by filing agency CHAPTER NUMBER: 310 CMR 15.000 CHAPTER TITLE: The State Environmental Code, Title 5 AGENCY: Department of Environmental Prot`ction SUMMARY OF REGULATION State thegeneral requirements and purposes of this regulation: Title 5 contains 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: The revisions exempt metal tanks under 20 years old from the automatic system failure criteria and require large systems to be inspected based on the watershed basin schedule. G.L. c.21A, section 13 REGULATORY AUTT-iORITY: -AGENCY CONTACT: John `liveiros PHONE: 617/292-5837 ADDRESS: One Winter Street, 8th floor, Boston, Massachusetts 02103 Compliance with M.G.L. c. 30A EINIERGENCY ADOPTION If this regulation is adopted as an emergency regulation, state the nature of the emer- gency. N/A PRIOR NOTIFICATION AND/OR APPROVAL I,fprior not:f:cation to and/or approval of the Governor, legislature or others a as re- quired, list each notification, approval and date, including notice to the Local Govern- ment Advisory Commission: Notice was given on October 2, 1996 to: Local Government Advisory committee, Mass. Historical Commission, Dept. of Communities & Development, Dept. of Public Utilities, .SPA Unit/EOEA,.Energy Facilities Siting Board, Department of Administration & Finance, and Executive Office of Environmental Affairs. PUBLIC REVIEW Was notice of the bearing or comment period filed with the Secretary of State published in appropriate newspapers and sent to persons to whom specific notice must be given at Mast 21 days prior to such bearing or comment period.? Conment period: Yes ® Date of public hearing or comment period: November 13-29, 1996 Hearings were held on November 13, 14, 15, & 19, 1996 FISCAL EFFECT Estimate the focal effect on thepublic and private sectors: For the first and second years: For the first fitke years: See Attachment # 1 No fiscal effect: SMALL BUSINESS IMPACT State the impact of this regulation on small business. Include a description of report- ing, record keeping and other compliance requirements as well as the appropriateness ofperformance versus design standards and whether this regulation duplicates or conflicts with any other regulation. If thepurpose of this regulation is to set rates for the state this section does not apply. See Attachment r 1 CODE OF MASSACHUSETTS REGULATIONS INDEX List key subjects entries that are relevant to this regulation: sewage . subsurface systems septage PRO'✓.L'LGATiON State the action tai -en by this regulation and its effect on existing provisions of the Code of Massachusetts Regulations (01R) to repea ; replace or amend. List by CJ✓R number: Revises 310 C:2 15.301(6) , 310 (1II2 15.303 (1) (a) (6) and 310 C12 15.006 7-1— "TION The regulation described herein and attached hereto is a true copy of the regulation adoDted by th:syr y. AT / �1 Signature: ,2 e4jl, ,%— Date: ✓ ^�ti `, i2� /991 David Struhs, Cony ussioner °ublication To be completed by the Regulations Division <.SS, Ci:USETTS REGISTER NUMEER: 807 SrFECTIVE DATE: 12/27/96 --ODE OF MASSACHUSETTS REGULATIONS Remove these pages: I Insert these pages: CMR: Vol. 479'- 48o 479 - 48o 495 - 496 495 - 496 545 - 548 545 - 548 DATE: 12/27/96 A TRUE COPYAI i EST WI 1.4M FRANCIS GRL VIN SECR;iARY OF INE COUMONWEA! TH 3:0 CMR DEPARTMEN'1" 01: E\\'IRON\CENTAL PRO] EC IION 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 15.001: Purpose, Authority and Related Provisions 15.002: Definitions 15.003: Coordination with Local Approving Authorities 15.004: Applicability 15.005: Transition Rules 15.006: Facilities Where the. Total Desien Flow Generated on the Facility Equals 10,000 gpd or Greater but Less than 15,000 gpd 15.007: Campgrounds 15.010: Division and Aggregation of Facilities 15.011: Facilities Claimed to be in Separate Ownership or Control 15.017: Approval of Soil Evaluators 15.018: Function of Soil Evaluators 15.019: Disposal System Installer's Permit 15.020: Disposal System Construction Permits 15.021: Certificates of Compliance 15.022: Duty of Compliance 15.023: Approving Authority Access 15.024: Violations of 310 CMR 15.000 15.025: Enforcement by Approving Authorities 15.026: Orders 15.027: Prohibition of Septic System Additives 15.028: Soil Absorption System Restoration 15.029: Construction of Wells Near Existing Systems 15.030: Records 15.040: Advisory Committee 15.041: Report on Percolation Rate,.Soiis Analysis, Shared and Alternative Systems 15.050: Severability SUBPART B: SITING OF SYSTEMS 15.100: General Provisions 15.101: Soil Evaluation Criteria 15.102: Deep Observation Hole Test 15.103: Soil Profile 15.104: Percolation Testing 15.105: Procedure for Performing a Percolation Test 15.106: Landscape Position 15.107: Hydrogeologic Properties SUBPART C: DESIGN, CONSTRUCTION, REPAIR, AND REPLACEMENT OF ON-SITE SEWAGE DISPOSAL SYSTEMS 15.201: Type of System 15.202: Use of Recirculating Sand Filters 15.203: System Sewage Flow Design Criteria 15.210: Setback Requirements and Loading Limitations for Locating and Designing Systems 15.211: Minimum Setback Distances 15.212: Depth to Ground Water 15.213: Construction in Velocity Zones and Floodways 15.214: Nitrogen Loading Limitations 15.215: Designation of Nitrogen Sensitive Areas 15.216: Aggregate Determinations of Flows and Nitrogen Loadings 15.217: Systems with Enhanced Nitrogen Removal 15.220: Preparation of Plans and Specifications 12/27/96 310 CMR - 479 ili! C�1R� DEPARTMENT OF ENVIRONMENTAL FROTECTION Section: continued 15.221: General Construction Requirements for All System Components 15.222: Buildine Sewers 15.223: Septic Tanks 15.224: Multiple Compartment Tanks 15.225: Tanks in Series 15.226: Construction of Septic Tanks 15.227: Placement and Construction of Tees 15.228: Placement and Accessibility of Septic Tank - 15.229: Pumping to Septic Tanks 15.230: Pretreatment Units - Grease Traps 15.231: Dosing Chambers and Pumps 15.232: Distribution Boxes 15.233: Siphons 15.240: Soil Absorption Systems 15.241: System Venting 15.242: LTAR - Effluent Loading Rates 15.243: Types of Soil Textural Classes 15.244: Types of Soils 15.245: Soil Absorption System Siting Requirements 15.246: Excavation and Flagging of Soil Absorption System 15.247: Aggregate 15.248: Reserve Area 15.249: Design Criteria for Soil Absorption Systems 15.251: Trenches 15.252: Beds or Fields 15.253: Pits, Galleries, or Chambers 15.254: Dosing 15.255: Construction in Fill 15.260: Tight Tanks 15.261: Use of Tight Tanks in Special Areas 15.280: Approval of Alternative Systems li.281: Purpose 15.282: Types of Alternative Systems 15.283: Process for Review of Alternative System Proposals 15.284: Approval for Remedial Use 15.285: Approval for Piloting 15.286: Provisional Approval of Alternative System 15.287: General Conditions for Use of Altemative Systems Purseani to 310 CMR 15.284 through 15.286 15.288: Certification of Alternative Systems for General Use 15.289: List of Certified Alternative Systems 15.290: Shared Systems 15.291: Upgrades Using Shared Systems 15.292: New Construction or Increased Flow to Existing Systems Using Shared Systems 15.293: Department Approval of Shared Systems SUBPART D: INSPECTION AND MAINTENANCE OF SYSTEMS 15.300: Purpose and General Provisions 15.301: System Inspection 15.302: Criteria for Inspection 15.303: Systems Failing to Protect Public Health and Safety and the Environment 15.304: Large Systems which Fail to Protect or which Threaten Public Health and Safety and the Environment 15.305: Deadlines for Completion of Upgrades 15.340: Approval of System Inspectors 15.350: Other Maintenance Requirements 15.351: System Pumping and Routine Maintenance 15.352: Increases in Design Flow to System 15.353: Emergency Repair 15.354: Abandonment of Systems 3,24/95 (Effective 3/31/95) 310 CMR - 480 310 CNIK UEPAKI.VLN'T Ol' EN VIRON'NIENTA L PROTECTION 15.005. continued (7) i ameCvstem<. The owner of a facility served or to be served b} a system with a total design flow of 10,000 gpd or greater but less than 15,000 gpd may complete the approved development of the facility, provided that: (a) no such facility may construct systems desiened to accept design flows in. excess of those resulting from plans which were proposed to and approved by the local planning board or other approving body prior to March 31, 1995; and (b) all disposal system construction permits for such system have been issued by March 31, 1995. Such systems shall be constructed in accordance with the requirements of the 1978 Code and any applicable local requirements. (8) Large Svctemc Threatening PublicRublic Health Safety and the Fnv'ro� n r ant to 10 CMR IS ,04(21. If a system constructed under 310 CMR 15.005(2), (4), (6), or (7) is a significant threat to public health and safety and the environment, as determined pursuant to 310 CMR 15.304(2), the owner or operator will be required to bring the system into compliance with the groundwater treatment program requirements of 314 CMR 5.00 and 6.00, including the obligation to obtain a groundwater discharge permit, within the timeframes set forth in 310 CMR 15.305(2), unless the owner or operator satisfies the requirements of 310 CMR 15.305(3). Groundwater discharge permits typically require a higher level of treatment than is provided by systems constructed under 310 CMR 15.000. Any owner who chooses to complete construction of a system or facility that will threaten public health and safety and the environment, as determined pursuant to 310 CMR 15.304(2), shall provide notice of the provisions of 310 CMR 15.005(8) and the likely obligation to obtain a groundwater discharge permit to any potential owner or operator of all or any part of the facility or system. �.r 7--T- (1) It shall be the duty of each owner or operator of systems with design flow of 10,000 gpd or greater but less than 15,000 gpd to ascertain the actual design flow of their system or systems. (2) Consistent with the 1978 Code, the Department may require the issuance of a groundwater discharge permit pursuant to 310 CMR 5.00 and the installation of technology capable of discharging effluent which meets Class I groundwater standards pursuant to 314 CMR 6.00 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 and 6.00 can be achieved without strict application of 310 CMR 15.006. (3) There shall be no increased flow to an existing system of less than 10,000 gpd which results in a design flow of 10,000 gpd or greater but less than 15,000 gpd unless such system is a subdivision entitled to M.G.L. c. 111, 127P protection, 40B comprehensive permit land, or a large system with approved plans and disposal system construction permits issued by March 31, 1995 in accordance with 310 CNM 15.005 (transition rules) or in accordance with a variance allowed by the Department pursuant to 310 CMR 15.414: (4) There shall be no increased flow to an existing system of 10,000 gpd or greater but less than 15,000 gpd unless in accordance with a variance allowed by the Department pursuant to 310 CMR 15.414. 15.007 Camp,,round5 (1) For the purposes of 310 CMR 15.000, a c. mpground is any facility which is regulated pursuant to 105 CMR 430.00 or 105 CMR 440.00 and/or is a campground operated by the Department of Environmental Management in a State Park. 12,'27i96 310 CMR - 495 ']('012 PEPART?SENT Or E\\'LROK\lE\TAi. PROT[CTION 15 007: continued (2) Except as othens,se 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 and which receives oniv 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; (0 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. (3) Campgrounds which receive more than temporary use are in compliance with 310 CMR 15.000 provided: (a) the provisions of 310 CMR 15.007(2) are complied with, and (b) the volume of sewage flow generated from all systems on the facility from non -temporary use does not exceed 10% of the design flow generated during peak seasonal use. (4) All new construction at campgrounds shall be in accordance with the provisions of 310 CMR 15.000. 15.010: Division and aggregation of Facilities (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) In the event that a facility is divided after a system is constructed to serve the facility, the new owners shall each obtain a Certificate of Compliance in accordance with 310 CMR 15.022 and shall alter the system as required by the approving authority for each new facility divided out of the original 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 arrange to have an inspection of all of the systems pursuant to 310 CMR 15.301(6) and 15.302 completed within one year. (4) The Department or the approving authority, upon determining that ownership or control of the facilities asserted to be in separate ownership or control was arranged to circumvent the treatment or eluent standard requirements of 310 CMR 15.202 (recirculating sand filters) or 314 CMR 5.00 or 314 CMR 6.00 (groundwater discharge program), may order the owner or operator to consolidate the separate systems, to comply with the requirements of 310 CMR 15.202 (Recirculating Sand Filters), to obtain a groundwater discharge permit pursuant to 314 CMR 5.00 and 6.00, or to take any other action necessary to protect public health, safety, welfare or the environment. 11"3/95 310 CNIR - 496 ..��..�uI 1-1:11—'I11_:11-11_.1111\V.�PIL:�I I\a.I tiV I L\I iV•V I'. 3u1. continued (c) Inhentance by will or intestac\, (without a will) With the exception of inheritance by a spouse which would not require an inspection, inspection of the system must occur within two vears before or one year after the will being allowed by the probate court and the appointment of the executor; or within two years before or one year of the appointment of an administrator if the deceased dies intestate regardless of whether the property passes specifically or as part of the residue of the estate. 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. Executors or administrators are required to notify, in writing, those who acquire title to real property from an estate of the inspection and upgrade requirements contained at 310 CMR 15.300 through 15.305. (d) Legal life estate or an interest for life or for a term of years in trust. Inspection of the system must occur within two years before or six months of the death of the life tenant or the expiration of a present interest in trust for a term of years. If a successive life interest or an interest in trust for a term of years passes to a spouse, the inspection must occur within two years before or six months of the death of the last surviving spouse or the expiration of a present interest in trust to the spouse for a term of years. 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. (e) Inter -family transfers where new parties are involved (e.g. parents deed property to children). Inspection of the system must occur within two years prior to transfer or if weather conditions prevent inspection at the time of transfer, the inspection must occur as soon as weather permits, but in no event later than six months after the transfer. An inspection conducted up to three years before the time of transfer may be used if the inspectionreport is accompanied by system pumping records demonstrating that the system has been pumped at least once a year during that time. (f) Tax taking either by the federal. state or municipal government Inspection of the system must occur within two years prior to transfer by governmental entity to buyer or within six months after the expiration of the right of redemption, provided that the govern- mental entity notifies the buyer in writing of the requirements contained at 310 CMR 15.300 throueh 15.305 for inspection and upgrade, if necessary. 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. (g) Lew of execution that r s Ilts in a conveyance of property. Inspection of the system must occur within two years prior to officer's deed of debtor's interest to buyer or within six months after the expiration of the right of redemption, provided that the officer notifies the buyer in writing of the requirements contained at 310 CMR 15.300 through 15.305 for inspection and upgrade, if necessary. 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. (h) Bank7ttptcy Inspection of the system must occur within two years prior to transfer by bankruptcy trustee to buyer or within six months after the transfer, provided that the debtor notifies the buyer in writing of the requirements contained at 310 CMR 15.300 through 15.305 for inspection and upgrade, if necessary. 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. (i) Change in ownership or the form of ownership where new parties are introduced (e.g., introduction of new beneficiaryles in a nominee trust; introduction of new joint tenant(s) or new tenant(s) in common; introduction of new parties where property is transferring from joint ownership to nominee or business trust, or where a new general partner is introduced; creation of a legal life estate or an interest for life or for a.term of years in trust for a parry other than the creator or his or her spouse, etc.). Inspection of the system must occur within two years prior to transfer or if weather conditions prevent inspection at the time of transfer, the inspection must occur as soon as weather permits, but in no event later than six months after the transfer, provided that the new party is notified in writing of the requirements contained at 310 C,MR 15.300 through 15.305 for inspection and upgrade, if necessary. In 11/3195 310 CMR - 545 310 C\1R. DEPARTMENT OF E.NVIRONVENTAL PROTEC-i 10X 15.301: continued a nominee trust situation, whoever has authority to add a new beneficiary is responsible for the inspection. An inspection conducted up to three years before the time of transfer mzv 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 thartime. (4) Exclusions. Inspection of a system is not required at the time of transfer of title of the facility served by the system in the following circumstances: (a) a certificate of compliance for the system has been issued by the approving authority within two years prior to the time of transfer; or (b) the owner of the facility or the person acquiring title has signed an enforceable agreement with the approving authority to upgrade the system or to connect the facility to a sanitary sewer or a shared system within the next two years following the transfer of title, provided that such agreement has been disclosed to and is binding on the subsequent owner(s); or (c) the facility is subject to a comprehensive local plan of on-site septic system inspection approved in writing by the Department and administered by a local or regional governmental entity, and the system has been inspected at the most recent time required by the plan. A comprehensive local plan may prioritize systems to be inspected on the basis of proximity to water resources, soil or geological conditions, age or size of systems, history of performance, frequency of pumping or other routine maintenance activity, or other relevant factors, and may establish different schedules and frequency of inspection on the basis of such criteria, provided that all systems are inspected at least once every seven years by a System Inspector approved by the Department. (5) A system shall be inspected upon any change in use or expansion of use of the facility served, for which change or expansion a building permit or occupancy permit from the local building inspector is required. Unless the system is a cesspool, failing as set forth in 310 CMR 15.303 and 15.304(1), or a significant threat to public health, safety and the environment as set forth in 310 CMR 15304(2), upgrade of the system is not required if the system was designed to accept design flows resulting from the change in use or expansion of use. Upgrades to accept increases in actual or design flow to any cesspool or to any other system above the existing approved capaciry shall be in accordance with 310 CMR 15.352. Whenever an addition to an existing structure which changes the footprint of a building with no increase in design now is proposed, the system inspection shall be an assessment to determine the location of all system components, including the reserve area; in order to ensure that the proposed construction will not be placed upon any of the system components. If official records are available to make a determination regarding location of system components, an inspection is not required for footprint changes. (6) Facilities where the total design flow generated on the facility equals or exceeds 10,000 gallons per dav. at full build out, shall be inspected by the last day of the calendar year pursuant to the following schedule in accordance with the provisions of 310 CMR 15.006 and the applicable provisions of 310 CMR 15.300 through 15.354 or 314 C..MR 5.00 and 6.00. Such systems shall be reinspected during the fifth calendar year following the applicable year of initial inspection listed below and then during every fifth calendar year thereafter. An inspection of a system conducted within 30 months prior to the last day of the applicable year of initial inspection may be used as the initial inspection, provided that a System Inspection Form approved by the Department is submitted to the Department within 30 days of the inspection. Year of initial Basin in which system is located 1997 Charles, Housatonic, Hudson (Hoosic), North Coastal, Ten Mile 1998 Blackstone, Chicopee, Connecticut, Nashua 1999 Boston Harbor (Neponset), Cape Cod, French & Quinebaug, Merrimack, Narragansett Bay/Mt. Hope Bay, Parker 2000 Buzzards Bay, Deerfield, Ipswich, Islands Millers, Shawsheen 2001 Concord (Sudbury, Assabet, Concord), South Coastal, Farmington, Taunton, Westfield 12/27/96 310 CMR - 546 ;10 C\IR. DEPART\1E\T OF c\\'il O:\\IENI AL PROTECT 10\ 15.301. continued Basin boundaries shall be determined by reference to the most recent edition of the \9assachuserts GIS maps. If all of the components of a system are not located in the same basin, then the system shall be inspected during the earliest of the applicable inspection years. (7) Shared systems shall be inspected annually. (8) When a facility is divided or the ownership of two or more facilities is combined as specified in 310 CMR 15.010(2) or (3), all systems serving the facility or facilities shall be inspected. (9) All systems shall be inspected when the owner or operator thereof is ordered to do so by the local approving authority, the Department or court. (10) The results of any inspection(s) required by 310 C,MR 15.301 shall be submitted to the approving authority on a System Inspection Form approved by the Department within 30 days of the inspection by the approved System Inspector, provided that this sentence shall not be construed to require the owner of a system or a System Inspector to submit to the approving authority the results of a voluntary assessment of the condition of a system that is not performed to comply with a requirement of 310 CMR 15.301. Any system determined to require upgrade pursuant to 310 CMR 15.303 or 310 CMR 15.304 solely as a result of a voluntary assessment shall not be subject to the deadlines for completion of upgrades in accordance with 310 CMR 15.305 unless the owner or operator of the system is ordered to do so by the local approving authority, the Department or court. Inspection forms for systems with design flows over 10,000 gpd and shared systems shall be submitted to the Department by the approved System Inspector and the owner. All inspections required by 310 CMR 15.301 shall be conducted by a currently approved System Inspector. 12:37/96 310CMR - 546. I 10 C\IR DFPAR I HENT OF E\\'IRON `.IENTAL PROTECTION NON -TEXT PAGE 12/27/96 ;10 CMR - 5463 I% DEPARTME'<T OF F -\\'IROS'. IE';TAL PROTECTION' 15.301: continued (11) Failure of an owner or operator of a system to have the system inspected, and use or operation of any system described in 310 CMR 15.301( I ) through (9) after the dates or events set forth therein without a required inspection shall constitute violations of 310 C%1R 15.000. (1) The intent of 310 CMR 15.302 is to provide reasonable guidelines for the inspection of existing systems in as non -intrusive a manner as is possible, to avoid damage to the system and an)' unnecessary disturbance of the surrounding soil area which is related to the treatment process. The inspection is not designed to provide information to demonstrate that the system will adequately serve the use to be placed upon it by the new owner. The inspection criteria are intended to allow for timely inspection to avoid undue delay in the transfer of property. (2) An inspection shall consist of the collection and recording of the following information: (a) a general description of the system components and layout; (b) quantification of the source/type of sanitary sewage. This should include type of use (domestic or commercial/industrial) as well as the design flow and whether or not the facility being served is occupied at the time of the inspection; (c) an analysis of the factors set forth in 310 CMR 15.303 (failure criteria) and, if the system has a design flow of 10,000 gpd or greater, 15.304 (threats to public health and environment). (d) water use records for the previous two years for facilities served by public water supply, if available from the supplier; (e) a description of the septic tank including: 1. approximate age, size, and condition of the tank; 2 distance between bottom of grease/scum laver and the bottom of the outlet baffle; 3. distance between the top of the scum laver and the top of the outlet tee, 4. thickness of the grease/scum layer; 5. depth of the sludge layer and distance from sludge to outlet tee; 6. physical condition of inlet and outlet tees; - 7. any evidence of leakage into or out of tank; and 8. any evidence of backup of effluent. (I) a characterization of the distribution box, and of dosing tanks with pumps, any, including: 1. any evidence of solids carryover; 2. leakage into or out of box; 3. is flow equally civided ; 4. any evidence of backup; and (g) a description of the condition of the soil absorption system including: 1. any signs of hydraulic failure; 2. condition of surface vegetation; 3. level of ponding within disposal area; 4. encroachments into disposal area; and 5. other sources of hydraulic loading. At a minimurn, the septic tank and distribution box if present, or cesspool if present, must be located and inspected, and reasonable professional efforts made to locate and identify other components and features, as described in 310 CMR 15.302(2). (3) The inspector shall make reasonable professional efforts to determine the location and condition of all system components and relevant physical features. If any component cannot be located or inspected, or any determination cannot be made, the inspector shall state on the inspection form the reasons and the steps taken to complete the inspection. In particular, the following constitute reasonable professional efforts: (a) Determination of high groundwater elevation. A deep hole observation test is not required to determine high groundwater elevation during an inspection. It is intended that the high groundwater elevation be estimated by the inspector, using best professional judgment, based on the methods desribed herein. 12/27/96 310 CMR - 547 310 CVIR DEP.4R FMLN'T OF ENA'IRON,UENTAL PRO! EC I ]ON 15.302 continued 1. The inspector shall review local maps and records of groundwater elevation (previous deep hole observation tests or groundwater monitoring results) on the site or nearby properties, if available. 2. If the system includes a cesspool, the cesspool shall be pumped during the inspection and then examined to determine whether groundwater flows into the cesspool, indicating that the cesspool is below high groundwater elevation. 3. If the system includes a septic tank and distribution box, the condition of these components and the surrounding soil shall be observed for indications that groundwater has infiltrated the system. Care should be taken not to destabilize the distribution box or the piping to or from. These minimum requirements shall not prevent the use of additional methods. The elevation of nearby water bodies, or evidence of groundwater infiltration in other subsurface structures (for example, cellars), or hand augering to determine depth may aide in determining whether the system is located in the groundwater. The methods used to determine high groundwater elevation shall be described in the inspection report. A system owner may choose to have the high groundwater elevation determined by an observation well or deep hole observation test to confirm or disprove the results obtained by the „F minimum requirements of310 CMR 15.302(3)(a), or in place of the minimum requirements. (b) Location of soil absorption system. The location of any cesspool must be determined. For systems with a septic tank and distribution box, excavation is not required to determine the location of the soil absorption system. Reference may be made to. as -built plans of the system (if any). Where the failure criteria specified in 310 CMR 15.303(1)(c) are not in issue, the location may be approximated by considering design flow, location of the distribution box and direction of outlet pipes, and physical condition of the site. The location may also be determined by running a metal snake or similar device from the outlet of the distribution box and using a metal detector, or use of similar methods. Nothing in 310 CMR I5.302(3)(b) shall prevent an owner from choosing to establish the location of the leaching system through more intrusive methods. 15 30; gvctemc Failing to Protect Public Health and Safety and the Environment 12/27/96 (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) Criteria applicable to all systems: 1. there is backup of sewage into the facility served by the system or any component of thesystem 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 Icvel 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 '/ of one day's design flow; 5. the septic tank or cesspool requires pumping more than four times a year; 6. the septic 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 twenty year period prior to the date of the inspection; or the septic 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, (b) Criteria applicable to cesspools and privies: 1. A cesspool or privy is located: a. within 100 feet of a surface water supply or tributary to a surface water supply; 310 CMR - 548 Massachusetts Boards of Health: Buzzards Bay Project National Estuary Program CC9aVZ0 MAR 12 2002 CITY OF SALEM BOARD OF HEALTH February 19, 2002 As you know, the Commonwealth of Massachusetts constructed the Massachusetts Alternative Septic System Test Center at the Massachusetts Military Reservation on Cape Cod. The construction of the Test Center was led by the Buzzards Bay Project National Estuary Program, a unit of the Massachusetts Office of Coastal Zone Management, and undertaken in collaboration with the Department of Environmental Protection, Barnstable County Department of Health and the Environment, and UMass Dartmouth's School for Marine Science and Technology. Last August, Massachusetts Secretary of Environmental Affairs Bob Durand sent to Boards of Health fact sheets summarizing the performance of 5 different onsite wastewater disposal technologies tested at the facility, including the conventional Title 5 septic system used in Massachusetts. The Secretary noted that you would receive reviews of other technologies as they became available. The Buzzards Bay Project is pleased to provide to your Board fact sheets on the performance of three additional technologies. Please note that the systems evaluated at the Septic System Test Center are not the only alternative technologies approved in Massachusetts. These fact sheets and information on other alternative wastewater treatment and disposal technologies that can be used in Massachusetts are available at the Buzzards Bay Project and DEP websites (www.buzzardsbay:org and www.state.ma.us/depl)m/wwm/t5pubs.htm). On behalf of all the agencies and participants in the Test Center, we hope that you will find this information useful in the performance of your duties, and in the future we hope to continue to provide other reports and information that will assist you and the citizens of Massachusetts. Executive Director Enc: Amphidrome, Geoflow, and RSF fact sheets 2870 Cranberry Highway, East Wareham, Massachusetts 02538 (508) 291-3625 Facsimile (508) 291-3628 http://www.capecod.net/—menviron The Buzzards Bay Project is sponsored by the US, Environmental Protection Agency and the Massachusetts Executive Office of Environmental Affairs through the Coastal Zone Management Office. RI Massachusetts Alternative Septic System Test Center Technology Fact Sheet -Interim Findings Amphidrome The Massachusetts Alternative Septic System Test Center is a collaborative project of theBuzzards Bay Project National Estuary Program, Massachusetts Office of Coastal Zone Management, Massachusetts Department of Environmental Protection, Barnstable County Department ofHealth and the Environment, and UMass Dartmouth School for Marine Science and Technology. The Test Center was established in recognition of the need in Massachusetts for cost-effective wastewater disposal systems suitable for sites with limited space, poor soils, high groundwater elevations, or where advanced pollutant removal is required. Its mission is twofold. First, to evaluate the performance and operation costs ofnew and innovative wastewater disposal technologies in a carefully controlled and unbiased manner,. and provide this information to regulators and consumers. Second, to assist vendors in getting their technologies more quickly approved for use in Massachusetts, and at a lesser cost. Technology Name: Amphidrome Technology Type: Sequencing batch reactor. Manufacturer: F.R. Mahony & Associates, Inc Siting Considerations and Installation Notes The system consists of a septic tank, reactor vessel, and "clear well" or pump chamber. Relative component elevations are critical to proper system performance. Height of the reactor vessel may complicate shal- low -to -groundwater installations. Installation requires significant training and/or oversight by manufacturer. Above ground components include a blower with housing (variously sized), and an electrical control with an audio and visual alarm. The control panel contains programmable logic controllers (PLC) that require manufacturer's adjustments. Designer should consider situating the blower to minimize possibility for noise disturbance. Actual and Manufacturer's Estimated Costs (3 -bedroom home) and Labor Non -Title 5 Components: $8,000 (with clearwell, claim ). Components +Installation: $10,000 more than conventional (claim). Electrical: $91 per year actual (local rates, annual KWh= 823) O&M: Quarterly inspection of motors, air flow, effluent and sludge. A service contract is required in Massachusetts (Approximately $400 per year minimum, but varies). Septic tank pumping averages $60 per year. Other Costs: Quarterly effluent quality monitoring is required for some permits ($300 or more annually). Design and permitting costs vary. Replacement: Pumps and blowers ($300) have a one-year warranty by Amphidrome? Theory of Operation This system directs wastewater back and forth between the septic tank (anoxic tank) and the "clear well," passing it through an aggressively aerated reactor vessel. During this aeration part of the cycle, the effluent is nitrified (ammonium is converted to nitrate). At preset intervals, the air to the reactor vessel is shut off, allowing anoxic conditions to develop, enabling denitrification (i.e., conversion of nitrate to nitrogen gas) to occur. When the wastewater "batch" is adequately treated (cycled a number of times), it is discharged to the Soil Absorption System (SAS) at predetermined intervals. Permitting and Use in Massachusetts (as of June 2001) Certification for General Use: No approval in this category. Remedial Use Aooroval: Amphidrome has approval in remedial situations where a system is failed, failing or nonconforming where relief is sought to construct an SAS within two feet (or three feet for percolation rates exceeding two minutes per inch) ofthe high groundwater elevation, to con- struct an SAS reduced in size by up to 50 percent or in areas whereat least 2 feet of suitable material is available beneath the SAS. Provisional Use: primed on recycled paper 273 Weymouth Street Rockland, MA 02370 E o� (781)982-9300 Contact: Keith Dobie, President Company Website: www.frmahony.com Performance & Permitting info at MA DEP and BCHED Websites: Leaching Trench SAS www. state. ma. us/deg[brp/wwm/t5 pubs. htm#it www.capecod.net/a ernativeseptic Testing Objectives: Nitrogen sensitive areas, suitable for retrofits, use for reduced separation to groundwater and small SAS size. Testing Period: Testing started 3/00 and is ongoing. Results shown for 3/00 to 2/01. Testing loadings: System loading was 330 gpd, (in 15 doses AM/PM), SAS was 0.74 gallons per sq. ft per day. Siting Considerations and Installation Notes The system consists of a septic tank, reactor vessel, and "clear well" or pump chamber. Relative component elevations are critical to proper system performance. Height of the reactor vessel may complicate shal- low -to -groundwater installations. Installation requires significant training and/or oversight by manufacturer. Above ground components include a blower with housing (variously sized), and an electrical control with an audio and visual alarm. The control panel contains programmable logic controllers (PLC) that require manufacturer's adjustments. Designer should consider situating the blower to minimize possibility for noise disturbance. Actual and Manufacturer's Estimated Costs (3 -bedroom home) and Labor Non -Title 5 Components: $8,000 (with clearwell, claim ). Components +Installation: $10,000 more than conventional (claim). Electrical: $91 per year actual (local rates, annual KWh= 823) O&M: Quarterly inspection of motors, air flow, effluent and sludge. A service contract is required in Massachusetts (Approximately $400 per year minimum, but varies). Septic tank pumping averages $60 per year. Other Costs: Quarterly effluent quality monitoring is required for some permits ($300 or more annually). Design and permitting costs vary. Replacement: Pumps and blowers ($300) have a one-year warranty by Amphidrome? Theory of Operation This system directs wastewater back and forth between the septic tank (anoxic tank) and the "clear well," passing it through an aggressively aerated reactor vessel. During this aeration part of the cycle, the effluent is nitrified (ammonium is converted to nitrate). At preset intervals, the air to the reactor vessel is shut off, allowing anoxic conditions to develop, enabling denitrification (i.e., conversion of nitrate to nitrogen gas) to occur. When the wastewater "batch" is adequately treated (cycled a number of times), it is discharged to the Soil Absorption System (SAS) at predetermined intervals. Permitting and Use in Massachusetts (as of June 2001) Certification for General Use: No approval in this category. Remedial Use Aooroval: Amphidrome has approval in remedial situations where a system is failed, failing or nonconforming where relief is sought to construct an SAS within two feet (or three feet for percolation rates exceeding two minutes per inch) ofthe high groundwater elevation, to con- struct an SAS reduced in size by up to 50 percent or in areas whereat least 2 feet of suitable material is available beneath the SAS. Provisional Use: primed on recycled paper No approval in this category, application currently under review. Piloting Annroval: Approved for use in nitrogen -sensitive areas. For design flow of less than 2000 GPD, for residential systems up to 660 gpd per acre, for nonresidential systems up to 550 gpd per acre.. For systems 2000 gpd or larger. approved. for 440 gpd per acre. ' Page 1 --Final 10/31/01 n E o� Anoxic ) a� �Q Leaching Trench SAS Clear Well a ;, No approval in this category, application currently under review. Piloting Annroval: Approved for use in nitrogen -sensitive areas. For design flow of less than 2000 GPD, for residential systems up to 660 gpd per acre, for nonresidential systems up to 550 gpd per acre.. For systems 2000 gpd or larger. approved. for 440 gpd per acre. ' Page 1 --Final 10/31/01 n The company further seeks to demonstrate that the ability to achieve a discharge limit of less than 10 mg/1 which will allow construction in any nitrogen sensitive area. In addition, higher hydraulic loading rates are being requested (see the approval letter of June 29, 1995 on DEP Website) - Operation and Maintenance Issues [This information will be included in the final report findings.] Explanation of the Graphs The graphs to the right show the mean of three replicates for each parameter over the testing period, compared to Title 5 performance and influent measured in parallel samples during the same period. Fecal coliform results are expressed as geometric means. In the nitrogen graph, NH4 represents ammonia, NOx represents nitrate + nitrite, DON is dissolved organic nitrogen, and PON is particulate organic nitrogen. Total nitrogen is the sum of these four parameters. Soil absorption system samples include wastewater disposal system effluent and precipitation. The recharge of precipitation to ground- water is estimated to be between 8 percent -16 percent of effluent discharge based on local rainfall, estimated groundwater recharge rates, SAS size and dosage rates. For all technologies, an interim dilution rate of 10 percent was employed based on precipitation and theoretical and measured dosage rates at the Test Center. The results for nitrogen removal include this estimated dilution factor (note bars labeled "SAS adj.") Results shown for biological oxygen demand (BOD), total suspended solids (TSS), and fecal coliforms were not adjusted for dilution by precipitation, because the adjustment was negligible in evaluating overall performance. This interim approach, is being compared to specific conductivity, chlorides, and bromide tracer to better refine this estimate, and develop system specific dilution factors. Thus, the "SAS adjusted" values reported here for nitrogen discharge to groundwater should be considered preliminary. Summary of Interim Findings This technology exceeds secondary treatment (i.e., TSS and BOD less than or equal to 30 mg per liter) to allow for the reduced separation to groundwater, or reduced soil absorption system size. BOD and TSS concentrations at the base of the SAS for this technology and the Title 5 system are similar. This technology discharged below 19 mg/I TN to allow for use in nitrogen sensitive areas with design flow of 660 gpd. At the SAS base, this system was estimated to remove 64 percent of nitrogen inputs compared to 19 percent for a Title 5 system during the same period. This system was not tested at the Test Center for seasonal or intermittent use or for high hydraulic loading conditions. The Technical Review Committee does not recommend adoption of nitrogen loading ratings for this technology until the two-year testingperiod is complete. Differences in nitrogen removal among technologies tested are not necessarily significant. Nitrogen removal performance may vary with soil types and other site differences. The Buzzards Bay Project will recommend nitrogen loading rates for this technology for planning purposes and watershed loading evaluations at a later date. Funding for the Massachusetts Septic System Test Center was provided by the US EPA, through Cooperative Agreements PM x991657 and x981007, the Massachusetts Department of e Environmental Protection (319-99-01, 319-00-02), Massachu- setts Office of Coastal Zone Management, Massachusetts iav"cnnmr Environmental Trust, Barnstable County Department of Health Tausr and Environment, UMass Dartmouth SMAST, and other organizations. Other information on this initiative can be found at www.bumrdsbay.org. These fact sheets were reviewed by a multi -agency work group. The views or opinions expressed are not necessarily those of the Commonwealth of Massachusetts, the US EPA, orany of the funding organizations and agencies. The information presented here represents the technical findings of the Massachusetts Septic System Test Center after at least one year of system testing. Manufacturer claims of cost and longevity, warranties, or stated costs have not been verified. Modifications tosystemdesigns from those tested, or installation under other soil or climate conditions may result in different system performance. This fact sheet was prepared and printed by the Buzzards Bay Project. printed on recycled paper Amphidrome 200 177 180 B O D 160 Am phidrome had a 90% reduction at the D -Box 140 m 120 11,2 E a 100 0 80 m 60 40 7 20 0 Influent Title 5 Title 5 SAS Amphi. Amphi. Dbox base Dbox SAS base 200 TSS 180 Amphichrome had a 95% reduction atthe D -Box 160 140 120 100 80 54 60 40 20 no Data 0 Influent Title 5 Title 5 SAS Amphi. Amphi. Dbox base Dbox SAS base 10000000 4,070,000 Fecals coliforms 1,070,000 1000000 100000 40,000 10000 1000 '.` 93 100 1 10 1 Influent Title Titles Amphi. Amphi. Dbox SAS base Dbox SAS base ■NH4 MNOx ODON ®PON Total IN Nitrogen 40 35 .3 35 Title 5 32.0 Amphidrome (23%) w30 27.1 E25 24.4 -_ C v 20 (66%) n 14.9 °15 10.9 12.1 z10 5 0 Influent D 9., SAS SPs dj D.eei SAS SAS -e Cj .cw al •cW.l Commonwealth of Massachusetts Jane Swift, Governor Executive Office of Environmental Affairs Bob Durand, Secretary Buzzards Bay Project TDr. Joe Costa, Executive Director n 2870 Cranberry Highway East Wareham, MA 02538 �� 508.291.3625 ara„d,.,,,,a,,, Page 2 -- Final 10/31/01 Massachusetts Alternative Septic System Test Center Geoflow Wasteflow Technology Fact Sheet - Interim Findings Drip Line with Rootguard The Massachusetts Alternative Septic System Test Center is a collaborative project of the Buzzards Bay Project National Estuary Program, Massachusetts Ofce ofCoastal Zone Management, Massachusetts Department of Environmental Protection, Barnstable County Department o(Health and the Environment, and Wass Dartmouth School for Marine Science and Technology. The Test Center was established in recognition of the need in Massachusetts for cost-effective wastewater disposal systems suitable for sites with limited space, poor soils, high groundwater elevations, or where advanced pollutant removal is required. Its mission is twofold. First, to evaluate the performance and operation costs ofnew and innovative wastewater disposal technologies in a carefully controlled and unbiased manner, andprovide this information to regulators and consumers. Second, to assist vendors in getting their technologies more quickly approved for use in Massachusetts, and at a lesser cost. Technology Name: Wasteflow Drip Line with Rootguard. Technology Type: Subsurface drip disposal of septic tank effluent or wastewater. Manufacturer: Geoflow Inc. 307-0 W. Tremont Avenue Charlotte NC 28203 (704)347-3476 Contact: Suzanne Dill Company Website: www.geoflow.com Performance & Permitting info at MA DEP and BCHED Websites: www. state. ma. us/dep/brp/wwm/t5pubs. htm#it www.capecod.net/a temativeseptic Testing Objectives: Nitrogen removal capability. Testing Period: Results shown for 3/00 to 2/01, testing is ongoing. Test Loadings: System loading was 330 gpd, (in 15 doses AM/FM), SAS was 0.74 gallons per sq. ft per day. Siting Considerations and Installation Notes As configured at the Test Center, the GeoFlow System consists of a septic tank, pump chamber and drip irrigation soil absorption system. It is critical that all effluent distribution lines are self -draining. All valve boxes and risers for pressure relief valves should be insulated against cold and easily accessible. High level of installation oversight by manufacturer or distributor is recommended. Recommend avoiding installation in areas where vehicle loads are even occasionally possible. Effluent tee filter should be installed in the septic tank. The only above ground component is an electrical control panel with audible and visual alarm. The electrical panel contains programmable logic controllers (PLC) for control and sequencing of backflushing and dosing. Lush lawn requires additional mowing, or alternative vegetation can be considered. Possibly suitable for high groundwater elevation or shallow bedrock sites. Actual and Manufacturer's Estimated Costs (3 -bedroom home) and Labor Non -Title 5 Components: $1,000. (manufacturer's claim). Components + Installation: $2,000 more than conventional (claim). Electrical: $62 per year actual (local rates, KWh= 565). O&M: Quarterly inspection of motors, air flow, effluent and sludge. A service contract is required in Massachusetts (Approximately $400 per year minimum, but varies). Septic tank pumping averages $60 per year. Other Costs: Quarterly effluent quality monitoring is required for some permits ($300 or more annually). Design andpermitting costs vary with site. Replacement.' Pumps ($300) have one-year manufacturers warranty, dripline claimed to have 30 year lifetime. Theory of Operation This technology uses the biological activity in the upper soil layer to achieve a stabilization of the wastewater at least comparable to a standard soil absorption system. It is presumed that the wastewater has some of the nutrients removed by plant uptake. Some water is undoubtedly evapotranspired by the overlying grasses. Permitting and Use in Massachusetts (as of June 2001) Certification for General Use: No approval in this category. Remedial Use ADDroyal. No approval in this category. ProvisionalUse AnorovaT: No approval in this category. Piloting Aooroval: currently under review for approval, several systems have been installed on a site-specific pilot basis. All installations in Massachusetts include I/A pretreatment, including disinfection in advance of the drip irrigation component. Pump Chamber DD Septic Tank Drip Lines shown during installation. printed on recycled paper 0 Page] -- Final l0/3,1/01 Geoflow WasteflowDrip Line Operation and Maintenance Issues [This information will be included in the final report findings.] Explanation of the Graphs The graphs to the right show the mean of three replicates for each parameter over the testing period, compared to Title 5 performance and influent measured in parallel samples during the same period. Fecal coliform results are expressed as geometric means. In the nitrogen graph, NH4 represents ammonia, NOx represents nitrate + nitrite, DON is dissolved organic nitrogen, and PON is particulate organic nitrogen. Total nitrogen is the sum of these four parameters. Soil absorption system samples include wastewater disposal system effluent and precipitation. The recharge of precipitation to ground- water is estimated to be between 8 percent -16 percent of effluent discharge based on local rainfall, estimated groundwater recharge rates, SAS size and dosage rates. For all technologies, an interim dilution rate of 10 percent was employed based on precipitation and theoretical and measured dosage rates at the Test Center. The results for nitrogen removal include this estimated dilution factor (note bars labeled "SAS adj.") Results shown for BOD, TSS, and fecal coli- forms were not adjusted for dilution by precipitation, because the adjustment was negligible in evaluating overall performance. This interim approach, is being compared to specific conductivity, chlorides, and bromide tracer to better refine this estimate, and develop system specific dilution factors. Thus, the "SAS adjusted" values reported here for nitrogen discharge to groundwater should be considered preliminary. Summary of Interim Findings Geoflow is an SAS technology. BOD and TSS concentrations at the base of the SAS for this technology and the Title 5 system are similar. This technology provides additional nitrogen removal capability beyond a conventional Title 5 system, but does not meet a regulatory standard of 19 mg/I TN to allow for use in nitrogen sensitive areas. This technology could be considered to use with nitrogen removal to achieve higher nitrogen removal rates. This system was not tested at the Test Center for seasonal or intermittent use or for high hydraulic loading conditions. The Technical Review Committee does not recommend adoption of nitrogen loading ratings for this technology until the two-year testingperiod is complete. Differences in nitrogen removal among technologies tested are not necessarily significant. Nitrogen removal performance may vary with soil types and other site differences. The Buzzards Bay Project will recommend nitrogen loading rates for this technology for planning purposes and watershed loading evaluations at a later date. Funding for the Massachusetts Septic System Test Center was provided by the US EPA, through Cooperative Agreements Nn x991657 and x981007, the Massachusetts Department of 6 Environmental Protection (319-99-01, 319-00-02), a 6d -- Massachusetts Massachusetts Office of Coastal Zone Management, "v A(1T)-T ETVIRONh1ENTAl Massachusetts Environmental Trust, Barnstable County raust Department of Health and Environment, UMass Dartmouth SMAST, and other organizations. Other information on this initiative can be. found at www.buznrdsbay.org. These fact sheets were reviewed by a multi - agency work group. The views or opinions expressed are not necessarily those of the Commonwealth of Massachusetts, the US EPA, or any of the funding organizations and agencies. The information presented here represents the technical findings of the Massachusetts Septic System Test Center after at least one year of system testing. Manufacturer claims of cost and longevity, warranties, or stated costs have not been verified. Modifications to system designs from those tested, or installation under other soil or climate conditions may result in different system performance. This fact sheet was prepared and printed by the Buzzards Bay Project. printed an recycled paper 200 180 B O D 180 160 140 rn 120 E 114 " 100 p 80 00 60 IL 40 20 11 No Data pmommW 0 Influent Title 5 Title 5 Geoflow Geoflow Dbox SAS base Dbox SAS base 200 178 TSS 180 160 --14a rn 120 E 100 56 60 40 20 No Data 0 Influent Title 5 Title 5 SAS Geoflow Geoflow Dbox base Dbox SAS base 10000000 4.067,000 Fecal co liforms 1,072,000 1000000 100000 E 10000 0 0 1000 m 100 m11 y 10 LL 1AJA�NoData 1 1 Influent Title 5 Title 5 SAS Geoflow Geoflow Dbox base Dbox SAS base ■NH4 ®NOx pDON ®PON Total Nitrogen 40 35.3 34.4 35 Title 5 (22%) Geoflow m30 �.-._-� 27.4 24.7 - - (42%) E 25 `-.-. y20 20.5 18.4 015 210 No 5 Data 0 Influent D -Box SAS- SA6 -atlj D -Box SAS SAS -ad actual actual - Commonwealth of Massachusetts Jane Swift, Governor Executive Office of Environmental Affairs Bob Durand, Secretary Buzzards BayProject Dr. Joe Costa, Executive Director 2870 Cranberry Highway East Wareham, MA 02538� 508.291.3625 Paget—Ffnall0/31101 Massachusetts Alternative Septic System Test Center Recirculating Sand Filter Technology Fact Sheet - Interim Findings The Massachusetts Alternative Septic System Test Center is a collaborative project of the Buzzards Bay Project National Estuary Program, Massachusetts Office of Coastal Zone Management; Massachusetts Department of Environmental Protection, Barnstable County Department of Health and the Environment; and UMass Dartmouth School for Marine Science and Technology. The Test Center was established in recognition of the need in Massachusetts for cost-effective wastewater disposal systems suitable for sites with limited space, poor soils, high groundwater elevations, or where advanced pollutant removal is required. Its mission is twofold. First, to evaluate the performance and operation costs ofnew and innovative wastewater disposal technologies in a carefully controlled and unbiasedmanner, and provide this information to regulators and consumers. Second, to assist vendors in getting their technologies more quickly approved for use in Massachusetts, and at a lesser cost. Technology Name: Recirculating Sand Filter. Technology Type: Recirculating Sand Filter- Return design for nitrogen removal. Manufacturer: Non-proprietary, many manufacturers Contact: Massachusetts DEP Company Website: Not applicable. Performance & Permitting info at MA DEP and BCHED Websites: www.state.ma.us/dep/brp/wwni/t5pubs.htm#it www.capecod.net/altemativeseptic Testing Objectives: Evaluate nitrogen removal. Testing Period: Testing began 2/00 and is ongoing. Results shown for 2/00 to 3/01. Test Loadings: System loading was 330 gpd, (in 15 doses AM/PM), SAS was 0.74 gallons per sq. ft per day. Siting Considerations and Installation Notes RSF systems generally consist of a septic tank, sand filter and pump chamber, although some variations do not require a separate pump chamber. Systems vary widely in design characteristics. Care should be taken in selection of filter media. Provide free access to the recirculation valve or box. Clean-out sweeps are recommended for pressure distribu- tion laterals atop the sand filter. Designer should consider inspection and maintenance access for all critical components. Designer should consult Massachusetts Guidelines for Recirculating Sand Filters. Designers specifying open -access filter beds should consider placement of filter component where occasional odors will not be a nuisance. Designers specifying covered filter beds should consider the difficulties that a cover may present if the media surface must be serviced. Above ground components include a portion of the filter and an electrical control panel with a visual and audible alarm. Dosing to the filter is controlled by a timer in the control panel. Event counters and run-time meters are recommended for all pumps. At the Test Center, only two RSF replicates were installed. One RSF was covered with wood chips, the other with insulated plywood. In Massachusetts, the RSF flows to an SAS, but no SAS were used or evaluated in this study. Actual and Estimated Costs (3 -bedroom home) and Labor Non -Title 5 Components: $2,800. (Test Center estimate). Components + Installation: $4,800 more than conventional. Electrical: $100 per year actual (local rates, KWh= 909). O&M: Quarterly inspection of motors, effluent and sludge. A service contract is required in Massachusetts (Approximately $400 per year minimum, but varies). Septic tank pumping averages $60 per year. Other Costs: Quarterly effluent quality monitoring is required for some permits ($300 or more annually). Design permitting costs vary with. site. Replacement: Pumps ($300) generally have 1 -year manufacturer's warranty, sand filter ($500) expected to last 30. years. Theory of Operation This technology is a trickling filter using passage over variously -textured sand on which an active community of bacteria develops to achieve the nitrification of septic tank effluent (the conversion of ammonium to nitrate). After passim through the filter (sometimes at the bottom of the filter), the flow is split to return a portion of the nitrified effluent back to the anoxic "recirculation tank" or pump chamber for denitrification (conversion of nitrate to nitrogen gas). Some additional pollution removal likely occurs in the SAS. Leaching Trench i :'` i'„, Pump Chamber Septic Tank Sand Filter Bed during installation. Sana jitter oea ajter o montns. Permitting and Use in Massachusetts (as of June 2001) Certification' for General Use: Title 5 requires utilization of an RSF or "equivalent alternative technology" in nitrogen sensitive areas that are limited to 440 gpd. For residential systems less than 2000 gpd an RSF can be installed to treat and dispose of up to 550 gpd per acre where the allowable density for residential use is limited to 440 gpdpper acre for a conventional Title 5 system. RSFs or equivalent alternative technologies are required for all systems with design flows of 2000 gpd or greater to nitrogen sensitive areas. Remedial Use: RSFs are approved in remedial situations where a system is failed, failing or nonconforming where relief is sought to construct an SAS within two feet (or three feet for percolation rates exceeding two minutes per inch) of the high groundwater elevation, to construct an SASreduced in size by up to 50 percent or in areas where at least 2 feet of suitable material is available beneath the SAS. printed on recycled paper 19 Pagel --Final 10/31/01. Operation and Maintenance Issues: This information will be included in the final report findings. Explanation of the Graphs The graphs to the right show the mean of two replicates for each parameter over the testing period, compared to Title 5 (three replicates) performance and influent measured in parallel samples during the same period. Fecalcoliformresults are expressed as geometric means. In the nitrogen graph, NH4 represents ammonia, NOx represents nitrate+ nitrite, DON is dissolved organic nitrogen, and PON is particulate organic nitrogen. Total nitrogen is the sum of these four parameters. The RSFs tested did not employ a SAS. The one replicate where wood chips covered sand filter (area -96 112) was presumed to receive enough rainwater to dilute the effluent 3% based on local rainfall and sand filter dosage. The bar labeled RSF "filter effluent D -Box" in the nitrogen graph accounted for this modest dilution in the one replicate. Results shown for biological oxygen demand (BOD), total suspended solids (TSS), and fecal coliforms were not adjusted for dilution by precipitation, because the adjustment was negligible in evaluating overall performance. The "RSF effluent' values reported here is not comparable to the Title 5 SAS base data because no SAS was employed for the RSF systems as would normally be installed in Massachusetts. Summary of Interim Findings This technology meets secondary treatment (i.e., TSS and BOD less than or equal to 30 mg per liter) to allow for the reduced separation to groundwater, or reduced soil absorption system size. BOD and TSS concentrations at the base of the SAS for this technology and the Title 5 system are similar. This system was not tested at the Test Center for seasonal or intermittent use or for high hydraulic loading conditions. This RSF technology provides additional nitrogen removal capability beyond a conventional Title 5 system for use in nitrogen sensitive areas. The RSF must meet a regulatory effluent discharge concentra- tion of 25. mg/I and a minimum 40 percent removal of influent total nitrogen. All systems with a design flow of 2000 gpd or greater in nitrogen sensitive areas must include an RSF or equivalent altema- tive technology and limit the discharge to no more than 440 gpd per acre. For design flows less than 2000 gpd a discharge credit of up to 550 gpd per acre is allowed with this technology." Because some nitrogen removal may occur in an SAS, actual nitrogen removal capacity of RSF systems may exceed the 40% removal shown. The Technical Review Committee does not recommend adoption of nitrogen loading ratings for this technology until the two-year testing period is complete. Differences in nitrogen removal among technologies tested are not necessarily significant. System perfor- mance may vary with soil types and other factors. The Buzzards Bay Project will recommend nitrogen loading rates for this technology for planning purposes and watershed loading evalua- tions at a later date. Funding for the Massachusetts Septic System Test Center was provided by the US EPA, through Cooperative Agreements x991657and x981007, the Massachusetts Department of Environmental Protection (319-99-01,319-00-02); Massachu- setts Office of Coastal Zone Management, Massachusetts s�^�^cxusinn LINIRONMFNTAL Environmental Trust, Barnstable CountyDepartmentofHealth , 1Rm7 and Environment, UMass Dartmouth SMAST, and other organizations. Other information on this initiative can be found at www.buzzardsbay.org. These fact sheets were reviewed by a multi -agency work group.. The views or opinions expressed are not necessarily those of the Commonwealth of Massachusetts, the US EPA, or any of the funding organiza- tions and agencies. The information presented here represents the technical findings of the Massachusetts Septic System Test Center after at least one year of system testing. Manufacturer claims of cost and longevity, warranties, or stated costs have not been verified. Modifications to system designs from those tested, or installation under other soil or climate conditions may result in different system performance. This fact sheet was prepared and printed by the Buzzards Bay Project. , printed on recycled paper® Recirculating Sand Filter 200 180 180 B O D RSF had a 96% reduction at the effluent D -Bax 160 E 120 114 100 080 Ann— M 60 40 20 No Data 0 Influent Title 5 Title 5 Filter RSF SAS Dbox SAS base Effluent base Dbox 200 178 180 TSS 160 "c 140 RSF had a 97% reduction atthe effluent D -Box E 120 100 y 80 60 56 40 20 o Date 0 Influent Title 5 Title 5 SAS Fitter RSF SAS Dbox base Effluent base Dbox 10000000 4,067,000 Fecal coliforms 1,072,000 1000000 100000 E 0 10000 1000 100 m 11 U 10 v 1 No Data LL 1 Influent Title 5 Title 5 SAS Filter RSF SAS Dbox base Effluent base Dbox ■NH4 ZINOx ©DON ®PON Total Nitrogen 40 35.3 34.4 35 Title 5 (22%) RSF 27.4 I 24.7 (oo%) E 25 I 20.9 20 J5030 215 Y z10 5 No Data No Data 0 In n.e.. sas ...,.a .at m.renwam sas enact sas aq. Db.. Commonwealth of Massachusetts Jane Swift, Governor Executive Office of Environmental Affairs Bob Durand, Secretary Buzzards Bay Project . Dr. Joe Costa, Executive Director s 2870 Cranberry Highway East Wareham, MA 02538 508.291.3625 Page 2 -- Final 10/31/01 Commonweattn of Massochusetis Executive Office of Environmental Affairs Department of Environmental Protection William F. Weld Go,emo Trudy Coxe Seue�ary. 'c DEA Thomas B. Powers Acuno Gommissione: Dear Professional: I'm writing to let you know that by virtue of your existing professional certification as a Massachusetts Registered Sanitarian, Registered Professional Engineer in civil, sanitary, or environmental engineering. or Certified Health Officer, you are automatically qualified to conduct septic system inspection- under the new Title 5 regulations, scheduled to take effect on March 31, As you probably kno:�. the new regulations generally require an inspection of the septic system when ownership changes, or the design flow to the system is increased. Enclosed for your information are a copy of the inspection guidance document and inspection form; • a copy of the most common questions.and answers about the inspection regulations: • a single page notification sheet to use if you would like to be included on the list of inspectors. As a pre -qualified professional, you need not be on the list to be eligible to conduct inspections; ho%ve%er. we know that many of you want to have yon- names and addresses included on these lists, which will be provided to boards cf health. Realtor= associations, and other; for business purposes I would also like to take this opportunity to address some of the major concerns about s}°stem insnections that we heard from professionals like you during the public comment period on the new regulations. (1) The inspector is not asked to certify that the system will perforin properly for the new owner. There was concern during the public comment period that the inspector might be assuming liability for such a representation. The regulations recognize that no inspection based on present conditions can guarantee proper operation of the system under differing uses in the future, Instead, the regulations, and inspection guidance and forms, call for a much narrower scope of responsibility. The inspector must certify that . he or she did the described work of the inspection . what was observed is accurately recorded on the inspection form . what was observed has accurately been compared to the failure criteria identified on the inspection form. (31 The inspector is not responsible for ensuring that an upgrade is perfc--:led. The regulations require that the inspector file a copy of the completed inspection form with the local Board of Health within 30 days of the inspection, Beyond that, however, any obligation to upgrade the system in the event of a failure rests with the owner. The Board of Health retains responsibility for enforcement of the regulations. One Winter Street 0 Boston, Massachusetts 02108 0 FAX (617) 556-1049 9 Telephone (617) 292-5500 i3) Most systems will pass inspection. The regulations contain aspecific list of failure criteria; these are found at 310 CMR 15.303 and 15.304, and are repeated on the inspection form itself. All systems designed and constructed under the 1975 Title 5 should pass these criteria, as will many earlier systems. Not all cesspools will fail: most are likely to pass. Thank you for your interest in the revised Title 5 regulations. We are confident that this set of revisions makes significant improvements in the rules, and look forward to implementing them with you. For additional information; please contact: DEP Regional Service Centers: Worcester - 508,792-7680' Lakeville - 508!946-2714 Woburn - 617/932-7678 Springfield - 413'784-1100 ext 214 For copies of the regulations, please call the State Flouse Bookstores: Boston - 617x737-2534 Springfield - 413'784-1376 For information on training. or to get on the DEP mailing list, please call 617292-5886 Sincere]y. i Thomas B Powers Acting Commissioner February 28, 1995 QUESTIONS AND ANSWERS ON THE NEW TITLE 5 [310 CMR 15.0001 SYSTEM INSPECTIONS Q. What is included in a system inspection? A. An inspection consists of the collection and recording of the following: • general layout of the system components, • type of use (domestic or commercial/industrial), design flow and whether the facility is presently occupied, • analysis of the factors specified in the new Code that indicate system failure, and, for large systema, those indicative of threats to public health and the environment as well, • water use records from the previous two years, if available from the public water supplier • a description of the septic tank including, for example, condition, approximate age, thickness of grease/scum layer, • a characterization of the distribution box and dosing tanks with pumps, if any, such as evidence of solids carryover or backup, • the condition of the soil absorption system including, e.g., any signs of hydraulic failure When a change in the footprint of a building is proposed, the system inspection must include an assessment of the location of all system components (including the reserve area) unless official records clearly indicate the location. The information is recorded on a DEP-approved inspection form and submitted within 30 days of the inspection, to the approving authority. Boards of Health are the approving authorities for most systems. DEP is the approving authority for state and federal facilities and receives inspection forms for large and shared systems. [310 CMR 15.302(2) and 15.301(2)] p.2 System Inspections Q. When are inspections required? A. Inspections are required when a facility is to be sold, facilities are divided or combined together, there is a change in use or an expansion of the facility, a routine inspection of a large or shared system is needed, or DEP or the local approving authority orders an inspection. Consult the list below and Title 5 for the specific requirements associated with these situations. The system must be inspected: • within nine months prior to the sale of the facility, or if weather conditions preclude inspection at that time, then within six months after the sale, ` when there is a change in use or expansion of the facility which requires a building or occupancy permit. Note that this does not mean an inspection is required whenever a building permit is needed - only when the use of the facility is changed (for example, from residential to commercial) or expanded. ` for large systems with a design flow of 10,000 gallons per day or more at full build- out, by January 1, 1996 and every three years thereafter, ' every year for shared systems, ' when the facility is divided or ownership of two or more facilities is combined, or ' when DEP or the local approving authority orders an inspection. [15.301] Q. Are there special provisions for large systems? A. Yes. Large systema are those systems with a design flow of 10,000 gallons per day or more. The content of the inspection remains the same as for smaller systems, but the frequency and the submittal of inspection forms are different. Large systems must be inspected prior to January 1, 1996, and then every three years. The owner and the System Inspector must submit the inspection form to DEP within 30 days of the inspection. (For small systems, the owner and/or operator of the facility must submit the inspection form to the approving authority, which, in most cases, will be the Board of Health.) [15.301(3)] Q. Do the systems have to be dug up to be inspected? A. The location and condition of cesspools, septic tanks and distribution boxes must be determined. Often, this will not require extensive excavation. [15.302] Q. Are the results always reported on the same form? A. Yes. The Title 5 regulations include the requirement to report the results of the inspection and recommendations on a DEP-approved form. Other reports will not be considered valid by DEP or the local approving authority (Board of Health). Use of this form is intended to ensure consistent and thorough review of inspection matters. [15.301(7)] P.3 System Inspections . Q. Are state and federal facilities inspected too? A. Yes. 15tle 5 applies to state and federal facilities as well as homes and businesses. DEP is the approving authority for state facilities, so the inspection forme are submitted to DEP and DEP is responsible for enforcing these and other requirements at the state and federal facilities. [15.003] Q. What happens if all the system components cannot be inspected thoroughly? A. At a minimum, the septic tank and distribution boa if present, or cesspool if present, must be located and inspected. Also, the inspector must make reasonable efforts to locate and identify other components and features. If any component cannot be located or inspected, or if any determination cannot be made, the inspector must state on the inspection form the reasons and the steps taken to complete the inspection. Section 310 CMR 15.302 of 19tle 5 provides examples of "reasonable efforts." [15.302] THIS DOCUMENT IS INTENDED FOR INFORMAL, INFORMATIONAL PURPOSES ONLY. IN THE EVENT OF ANY CONFLICT OR DISCREPANCY BETWEEN THE INFORMATION CONTAINED HEREIN AND ANY REGULATION OR LAW INCLUDING, BUT NOT LIMITED TO, 310 CMR 15.000, TITLE 5, THE REGULATION SHALL PREVAIL. February 28, 1995 QUESTIONS AND ANSWERS ON THE NEW TITLE 5 [310 CMR. 15.0001 SYSTEM INSPECTORS Q. Who may be a Title 5 System Inspector and conduct valid inspections? A. Massachusetts Registered Professional Engineers (PEs) with a concentration in civil, sanitary or environmental engineering, Massachusetts Registered Sanitarians and Certified Health Officers automatically will be considered System Inspectors under the new Title 5. In addition, the following individuals may become inspectors if they take the DEP-approved course and pass the DEP-approved exam: Board of Health members and agents, Engineers -in -Training (EIT certified) with a concentration in civil, sanitary or environmental engineering, Professional home inspectors, Permitted/licensed septage haulers, Permitted system installers, and Other individuals with a minimum of one year of demonstrated experience in septic system inspection. c System inspections conducted by any other individual will not be considered valid for compliance with Title 5 after March 31, 1995. [15.340(i)(a) and (b)] Q. If I want to have my house inspected before March 31, 1995, who ie able to conduct inspections which will be valid after that date? A. Massachusetts Registered Professional Engineers (PEs) with a concentration in civil, sanitary, or environmental engineering, Massachusetts Registered Sanitarians and Certified Health Officers may conduct inspections prior to March 31, 1995 which will be considered valid provided: (1) The inspector uses the DEP approved form, which will be obtainable from DEP offices and Boards of Health, and (2) The inspection is consistent with the requirements of the new Code. [15.340(1)(a)) p.2 System Inspectors Q. When will System Inspector training and the exam be given? A. DEP has prepared a course and exam. The first courses began. in.early February, 1995, with subsequent courses offered on a regular basis, all of which will be publicized. The DEP system inspector exams will be conducted within two weeks of the close of the courses. For updated information on courses, exams, and other Title 5. matters, call the Title 5 Hotline at (617) 292-5886 for a recorded message, references to other sources of information, and the opportunity to leave a request or question for Title 5 staff. Q. What can I do if my score is below 75% and DEP says I failed the exam? A.You may request a written statement of the Department's basis for denial. And, you may apply to take the exam again. [15.340)3j] Q. How can I determine whether someone is a DEP-approved inspector? A. DEP-approved inspectors who take the course and pass the exam will receive a certificate from DEP identifying them as approved system inspectors. In addition, DEP at least annually will publish a list of these system inspectors. The list will be updated more frequently in the early months of the new regulations. Persons who automatically will be approved as system inspectors may request to be placed on the list as well - i e those who do not have to take the DEP approved course and pass the exam: Massachusetts Registered Professional Engineers with a concentration in civil, sanitary or environmental engineering, Massachusetts Registered Sanitarians and Certified Health Officers. These professionals, however, should be able to furnish you with evidence of their professional registrations or certifications, Q. What does the new Title 5 require once an inspection has been completed? A. The information roust be recorded on a DEP-approved inspection form and submitted, within 30 days of the inspection, to the approving authority. Boards of Health are the approving authorities for most systems. DEP is the approving authority for state and federal facilities. Additionally, for large and shared systems, the new Code provides that the System Inspector and the owner must submit the inspection form to the Department. In certain circumstances, a copy of the inspection form also must be submitted to the buyer or other person acquiring title to the facility. For smaller systems, the owner and/or operator of the facility is responsible for submitting the inspection form to the approving authority. [15.301(7); 15.301(1)1 Q. How can I obtain DEP approved inspection forms? A. The forms will be available from Boards of Health and the DEP regional and Boston offices. To request a form, call (61 7) 292-5671 or leave a request on the Title 5 Hotline at (617) 292-5886. Copies of the forms also have been provided to real estate boards and other interested organizations. Please be patient during the initial distribution of the forms. p.3 System Inspectors Q. Do we always have to use the DEP form, if the information is good enough, who cares? A. Yes. The new Title 5 includes the requirement to report inspection results and recommendations on a DEP-approved form. Other reports will not be considered valid by DEP or the local approving authority (Board of Health). Use of this form ensures consistent and thorough review of inspection matters. [15.340(7)] Q. Can the approval of system inspectors be taken away? A. Yee. DEP may revoke or suspend the approval of a System Inspector when it determines that an inspector has falsified or fraudulently altered an inspection form or misrepresented the results of an inspection. The inspector has an opportunity for a hearing prior to DEP taking this action. [15.340(5)] Q. Is there a conflict if the system inspector works for the Board of Health and the system owner? A. Yes. A System Inspector may not act as an agent of the Board of Health and also as the Inspector for a system owner regarding the same system. THIS DOCUMENT IS INTENDED FOR INFORMAL, INFORMATIONAL PURPOSES ONLY. IN THE EVENT OF ANY CONFLICT OR DISCREPANCY BETWEEN THE INFORMATION CONTAINED HEREIN AND ANY REGULATION OR LAW INCLUDING, BUT NOT LIMITED TO, 310 CMR 15.000, TITLE 5, THE REGULATION SHALL PREVAIL GUIDANCE for the INSPECTION of SUBSURFACE SEWAGE DISPOSAL SYSTEMS Purpose The purpose of this guidance is to provide a methodology.for evaluating the adequacy of existing subsurface sewage disposal systems. Approved System Inspectors are charged with the responsibility of inspecting systems in accordance with 310 CMR 15.302 and 15.303, this guidance and reporting their findings to the approving authority. The goal of the 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 conditions exist which show the system is failing to protect public health or the environment the system must be repaired, replaced, or upgraded. The inspection must avoid disruption of the functioning of the system and should be conducted to minimize disruption of the site in general. However, at a minimum , all manholes, covers, and cleanouts must be exposed in order to achieve the goal of this inspection. Pumping of system components, when required, shall be done after an initial inspection of the entire disposal system to observe normal operating conditions. Each component requiring pumping can then be reinspected after pumping has been completed. The Department has developed an approved System Inspection Form (attached to this guidance) which is to be completed by the Inspector when doing an evaluation. The Form consists of: Part A- a checklist to ensure that a systematic approach is followed during the inspection, and Part E- a form for information and data on the system Part C- evaluation of system compared to Title 5 failure criteria Part D- certification by the System Inspector The completed System Inspection Form must then be submitted to the approving authority within 30 days by the approved System Inspector. Minimum requirements. The following are the minimum requirements necessary to complete an inspection. Meeting these minimum criteria, however, should not be construed as completion of an acceptable inspection if, through reasonable effort, a complete inspection of all components of the system is feasible. Furthermore, if a complete inspection cannot be performed, the inspector must provide adequate documentation of the specific conditions which prevented a complete inspection. 1. The inspector must note the general conditions of the property to identify any obvious signs of failure. These would include but not be limited to backup of sewage to the facility, effluent ponding, breakout to the surface of the ground or to surface waters, and other occurrences which professional judgement would 2 deem indications of failure. 2. All components prior to the leaching facility must be located and inspected. In a conventional component system, this would generally require inspection of the septic tank and distribution box. If a cesspool system, the single cesspool or, if an overflow cesspool system, the first cesspool must be exposed for inspection. 3. Determine high groundwater elevation at the site. Preliminary activities Information on system pumping must be requested of the owner, occupant, Board of Health or septage receiving facility. Inspections of onsite systems should begin with a records search at the local board of health or other appropriate sources to obtain design plans and as -built drawings, if available. This, information will facilitate locating the system components in the field. If these records are not available, then the components will have to be located by other means. Non-invasive techniques for locating system components such as the use of metal detectors or estimating length and direction of pipes are preferred options. However, as a last resort, it may be necessary to expose piping at intervals in order to trace out the layout of the system. Inspection Procedure GENERAL: Walk around the entire site to note general conditions and check for obvious signs of failure such as surface breakout or ponding. Look for signs of sewage, stains on the ground or saturated, spongy soils. The presence of sewage odors must be determined when first arriving at the site. Check pumping records for frequency of system pumping and verify that the system has not been pumped within two weeks prior to inspection. Interview occupants concerning back-up or break-out or high groundwater. Sewage backup into the house can be caused by: 1. clogged pipes 2. surcharged septic tank 3. failed leaching area The inspector must determine the cause. Locate and inspect pipes exiting building. SEPTIC TANK: Expose and remove manhole covers. If septic covers are more than a foot deep, recommend that extensions be provided to within six (6) inches of finished grade. 3 f Determine material of construction. Recommend replacement based on the requirements of 310 CMR 15.226 and 310 CMR 15.303(l)(f) if the tank is a metal tank. Measure tank dimensions. Check inlet and outlet tees or baffles for damage. Recommend repair if necessary based on the requirements of 310 CMR 15.227. Check liquid levels for evidence of leakage. If tank is discharging when there is no flow from facility there may be infiltration to the tank which would indicate that the tank may be in high groundwater and is not watertight. If the liquid level is below the outlet invert then the tank is probably leaking to surrounding soils. Leaking tanks must be pumped to be inspected further. If the liquid level is above the outlet and there is no outflow, then the outlet pipe may be clogged or the distribution box is surcharged. The inspector must determine this. Recommend repair or replacement of all leaking tanks based on the requirements of 310 CMR 15.226. Measure sludge depth and thickness and report. Require pumping as part of the inspection if indicated by being within 12" of outlet tee or baffle. Measure scum depth and thickness and report. Require pumping if the bottom of the scum layer is within two inches of the bottom of the outlet tee or if the top of the scum layer is within two inches of the top of the outlet tee. Check for evidence of backup (i.e. liquid level significantly higher than invert of outlet pipe). Outlet pipe will need to examined as it enters distribution box to determine cause of backup. Recommend clean out or repair of outlet pipe as necessary or the system may be in failure due to high groundwater. DISTRIBUTION BOX: Expose and remove cover. Determine if d -box is level and if flow is equal. Check if there is evidence of solids carryover. Check if static water level is at or higher than invert of outlet pipe. If the liquid level is above the outlet and there is no outflow, either the outlet pipes are clogged or the leaching area is surcharged and in failure. The inspector must determine the cause. Check pump function if a dosing chamber. SOIL ABSORPTION SYSTEM,: Excavation of the entire soil absorption system is not required. It may be appropriate to expose a portion of the soil absorption system to determine its condition if other indications of failure (e.g., evidence of breakout, ponding, sewage backup, condition of the distribution box, etc.) suggest that a failure of the soil absorption system is likely. Approximate lay out by examining topography and noting drain arrangement from access at distribution box. Determine condition of soil (e.g. clogged, hydrogen sulfide crust, etc.) Determine level of ponding within disposal area (visual inspection) Determine if leaching system is below thehigh groundwater elevation. GROUNDWATER DETERMINATION: Groundwater elevation should be determined by the least invasive method possible. The following list describes a variety of methods which may be employed to determine high groundwater elevation: a. if a sewage disposal plan is on record for the site, it should include groundwater elevations from the original deep observation hole. If not ,available, determine if such information is available from adjacent lots. Make appropriate adjustments to determine high groundwater elevation. b. regional planning agencies may have records indicating high groundwater elevation in the particular cityor town. If so, it can be determined if the bottom of the leaching facility is above the high groundwater elevation. C. USDA Soil Conservation Service soil surveys and maps may provide indications of high groundwater. d. observation of infiltration into the septic tank or distribution box. If infiltration is evident, the surrounding soil shall be examined to determine groundwater elevation. e. pumping a cesspool to monitor groundwater rise, as required by 310 CMR 15.302(3)(a)(2). This approach may be appropriate for other leaching facilities under some circumstances. f. use a hand auger if groundwater is suspected to be .near the surface. Various standard measuring techniques can be used to determine groundwater depth. Use appropriate adjustments to estimate high groundwater elevation. g. note the position of the system if in proximity to a water body or wetland. h. note if there is a cellar sump pump in the building being served or if there are foundation drains around the building. Methods i. through 1. below constitute more invasive means of determining high groundwater elevation. This guidance does not suggest that these methods are required in all cares; however, in instances where methods a. through h. above have failed to provide adequate information for determining high groundwater elevation, it may be necessary to employ these methods as described below. i. small diameter wellpoints can be driven to monitor groundwater elevation. Use appropriate adjustments to determine high groundwater elevation. This method may not be suitable for all soil conditions. j. after observing effluent water levels, pump the leaching facility and monitor to see if groundwater rises to the bottom (may be more applicable to pits, chambers and galleries than trenches and fields). This approach should be taken with caution. If done during the dry season, the results do not guarantee that subsequent groundwater level rise will not inundate the leaching system. Best professional judgement must be used in order to determine at what point backflow into the system is due to groundwater infiltration or other factors. Also, in some soils, groundwater may take some time to stabilized. In these instances proper precautions must be taken to insure that the open area around the leaching facility is properly secured to prevent injury. The system owner may choose to have the high groundwater elevation determined by the methods described in k. and 1. below to confirm or disprove the results obtained by other methods, or in place of the minimum requirements. k. drive an observation well with a powered auger, observe the groundwater elevation and make appropriate adjustments to determine high groundwater elevation. The maximum depth of the well should be twelve feet below grade at the lowest natural elevation on the site or six feet below the bottom of the leaching facility. 1. dig a deep observation hole (generally the last resort) and use appropriate adjustments to determine maximum high groundwater elevation. The maximum depth of the hole should be twelve feet below grade at the lowest natural elevation on the site or six feet below the bottom of the leaching facility. CESSPOOLS Inspection of a single cesspool must provide sufficient information to determine if any of the failure criteria are triggered. Minimum requirements are: Determine dimensions and materials of construction. Measure liquid level distance to invert and evaluate compared to failure criteria. Determine the distance below the bottom of the cesspool to high groundwater. Note depth of sludge, and scum. Require pumping upon completion of initial inspection. Observe infiltration of groundwater, if any. If the cesspool is part of an overflow cesspool system, the first cesspool should be evaluated on the basis of septic tank -criteria (except for watertightness) and subsequent cesspools should be evaluated based on soil absorption system criteria. SETBACKS Measure setbacks as required by failure criteria. If less than 100' but greater than 50' from private well, the system must be failed unless acceptable monitoring data of well, as referenced in 310 CMR 15.303 (1) and (m) is provided. DIFFICULTY IN LOCATING COMPONENTS If the inspector is unable to locate components of the disposal system, the following steps should be followed: 1. Pursuant to 310 CMR 15.302 all components prior to the leaching facility must be located. 2. If the high groundwater elevation is 12 feet or more below than the lowest surface elevation on the lot, and there is no evidence of backup in the system, the leaching facility most likely is not below the high groundwater elevation. This condition, however, should not relieve the inspector from exercising due diligence in locating the leaching facility and inspecting its condition. 3. The approving authority should evaluate all "Not Determined" entries on the inspec-ion form and have the final decision as to whether further investigation is required to adequately evaluate the system. SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM Address of property owner's name Date of Inspection PART A CHECKLIST Check if the following have been done: Pumping information was requested of the owner, occupant, and Board of Health. None of the system components have been pumped for at least two weeks and the system has been receiving normal flow rates during that period. Larae volumes of water have not been introduced into the system recently or as part of this inspection. As built plans have been obtained and examined. Note if they are not available with N/A. The facility or dwelling was inspected for signs of sewage back-up. The site was inspected for signs of breakout. All system components, excluding the SAS, have been located on the site. The septic tank manholes were uncovered, opened, and the interior of the septic tank was inspected for condition of baffles or tees, material of construction, dimensions, depth of liquid, depth of sludge, depth of scum. The size and location of the SAS on the site has been determined based on existing information or approximated by non -intrusive methods. The facility owner (and occupants, if different from owner) were provided with information on the proper maintenance of SSDS. SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PART B SYSTEM INFORMATION FLOW CONDITIONS If residential number of bedrooms _ number of current residents garbage.grinder, yes or no laundry connected to system, yes or no seasonal use, yes or no If nonresidential, calculated flow: Water meter readings, if available: Last date of occupancy GENERAL INFORMATION Pumping records and source of information: System pumped as part of inspection, if yes, volume pumped Reason for pumping: yes or no Type of system Septic tank/distribution box/soil absorption system Single cesspool Overflow cesspool Privy Shared system (yes or no) (if yes, attach previous inspection records, if any) Other (explain) Approximate age of all components. Date installed, if known. Source of information: Sewage odors detected when arriving at the site, yes or no M SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PART B SYSTEM INFORMATION continued SEPTIC TANK: _ (locate on site plan) depth below grade: material of construction: _concrete _metal FRP other(explain) T dimensions: sludge depth distance from top of sludge to bottom of outlet tee or baffle scum thickness distance from top of scum to top of outlet tee or baffle distance from bottom of scum to bottom of outlet tee or baffle Comments: (recommendation for pumping, condition of inlet and outlet tees or baffles, depth of liquid level in relation to outlet invert, structural integrity, evidence of leakage, recommendations fg_ repairs, etc.) DISTRIBUTION BOX: _ (locate on site plan) depth of liquid level above outlet invert Comments: (note if level and distribution is equal, evidence of solids carryover, evidence of leakage into or out of box, recommendation for repairs, etc.) PUMP CHAMBER: (locate on site plan) pumps in working order, yes or no Comments: (note condition of pump chamber, condition of pumps and appurtenances, recommendations for maintenance or repairs,etc.) SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PART B SYSTEM INFORMATION continued SOIL ABSORPTION SYSTEM (SAS): (locate on site plan, if possible; excavation not required, but may be approximated by non -intrusive methods) If not determined to be present, explain: Type leaching pits and number leaching chambers and number leaching galleries and number leaching trenches, number, length leaching fields, number, dimensions overflow cesspool, number Comments: (note condition of soil, signs of hydraulic failure, level of ponding, condition of vegetation, recommendations for maintenance or repairs,etc.) CESSPOOLS (locate on site plan): number and configuration depth -top of liquid to inlet invert depth of solids layer depth of scum layer dimensions of cesspool materials of construction indication of groundwater inflow (cesspool must be pumped as part of inspection) Comments: (note condition of soil, signs of hydraulic failure, level of ponding, condition of vegetation, recommendations for maintenance or repairs,etc.) PRIVY: (locate on site plan) materials of construction dimensions depth of solids Comments: (note condition of soil, signs of hydraulic failure, level of ponding, condition of vegetation, recommendations for maintenance or repairs,etc.) SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PART B SYSTEM INFORMATION continued SKETCH OF SEWAGE DISPOSAL SYSTEM: include ties to at least two permanent references landmarks or benchmarks locate all wells within 100' DEPTH TO GROUNDWATER depth to groundwater method of determination or approximation: SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PART C FAILURE CRITERIA Indicate yes, no, or not determined (Y, N, or ND). Describe basis of determination in all instances. If "not determined", explain why not) Backup of sewage into facility? Discharge or ponding of effluent to the surface of the ground or surface waters? Static liquid level in the distribution box above outlet invert? Liquid depth i.n cesspool <6" below invert or available volume< 1/2 day flow? Required pumping 4 times or more in the last year? number of times pumped Septic tank is metal? cracked? structurally unsound? substantial infiltration? substantial exfiltration? tank failure imminent? Is any portion of the SAS, cesspool or privy: below the high groundwater elevation? within 50 feet of a surface water? within 100 feet of a surface water supply or tributary to a surface water supply? within a Zone I of a public well? within 50 feet of a bordering vegetated wetland or salt marsh (cesspools and privies only, not the SAS)? within 50 feet of a private water supply well? less than 100 feet but greater than 50 feet from a private water supply well with no acceptable water quality analysis? If the well has been analyzed to be acceptable, attach copy of well water analysis for coliform bacteria, volatile organic compounds, ammonia nitrogen and nitrate nitrogen. SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PART D CERTIFICATION Name of Inspector Company Name Company Address Certification Statement I certify that I have personally inspected the sewage disposal system at this address and that the information reported is true, accurate and complete as of the time of inspection. The inspection was performed and any recommendations regarding upgrade, maintenance and repair are consistent with my training and experience in the proper function and manitenance of on-site sewage disposal systems. Check one: I have not found any information which indicates that the system fails to adequately protect public health or the environment as defined in 310 CMR 15.303. Any failure criteria not evaluated are as stated in the FAILURE CRITERIA section of this form. I have determined that the system fails to protect public health and the environment as defined in 310 CMR 15.303. The basis for this determination is provided in the FAIIURE CRITERIA section of this form. Inspector's Signature Date Original to systema owner Copies to: Buyer (if applicable) Approving authority INTRODUCTION GUIDANCE FOR THE INSPECTION OF SUBSURFACE SEWAGE DISPOSAL SYSTEMS On-site sewage disposal systems are governed by Title 5 of the State Environmental Code (310 CMR 15.000). Experience has shown that when properly designed and sited, these systems provide an acceptable level of wastewater treatment and are a legitimate treatment and disposal option in areas where centralized sewers are not available. However, given the traditional view that these systems are temporary solutions until sewers are provided, they are often neglected and this can result in harm to the environment and threats to the public health. In order to address this problem and correct the prevailing attitude toward on-site systems, Title 5 requires that systems be inspected under certain circumstances. In this manner, system owners can be educated about the importance of properly maintaining their systems, and those systems which are an environmental or public health threat can be identified and upgraded. This document is intended to provide guidance to both the system owner and the system inspector for evaluating the adequacy of existing subsurface sewage disposal systems. Approved System Inspectors are charged with the responsibility of inspecting systems in accordance with 310 CMR 15.302, 15.303, and this guidance and reporting their findings to the approving authority. The goal of the 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 conditions exist which show the system is failing to protect public health or the environment, the system must be repaired, replaced, or upgraded. The only grounds for failing a system or conditionally passing a system are if any of the criteria listed on the inspection form and specified in 310 CMR 15.303 are met. The inspection must avoid disruption of the functioning of the system and should be conducted to minimize disruption of the site in general. However, at a minimum, all manholes, covers, and cleanouts must be exposed in order to achieve the goal of this inspection. Pumping of system components, when required, shall be done after an initial inspection of the entire disposal system to observe normal operating conditions. Each component requiring pumping can then be reinspected after pumping has been completed. The Department has developed an approved System Inspection Form (attached to this guidance) which is to be completed by the Inspector when doing an evaluation. The Form consists of: Part A- Certification Part B- Checklist Part C- System Information (revised 11/0.3/95) 1 Tr IIm S , ijAN 2 519961 ! GUIDANCE ON COMPLETING INSPECTION FORM PART A - CERTIFICATION The Certification Section has two principle functions. First it provides identification information on the property being inspected and the inspector. Second, it presents the results of the inspection relative to the failure criteria outlined in 310 CMR 15.303. In the certification statement, the inspector is certifying that the conditions existing at the time of 'inspection are accurately presented in the inspection report. The inspector is not certifying that the system is adequate for the current use of the system nor for the future use of the system. In the Inspection Summary portion of Part A, the inspector indicates whether the system passed inspection, conditionally passed inspection, failed inspection, or needs further evaluation by the Local Approving Authority. Usually the local Board of Health is the Local Approving Authority. For systems with a design flow of 10,000 gallons per day or greater or for state owned and federal facilities, the Department is the Local Approving Authority. SYSTEM PASSES None of the failure criteria listed in 310 CMR 15.303 are violated. SYSTEM CONDITIONALLY PASSES The system violates one of the failure criteria in 310 CMR 15.303 but the nature of the violation is such that it can be easily corrected by making a simple repair or replacement to the broken component. In many cases this can be done without needing to get a Disposal System Construction Permit from the Board of Health. The Board of Health or their agent should be consulted before any corrections are made even if a permit will not be required. FURTHER EVALUATION IS REQUIRED BY THE BOARD OF HEALTH There are a number of situations where the inspector will not be able to determine if the system passes or fails. These are listed on the form under the section, "Further Evaluation is required by the Board of Health". The first two situations involve cesspools or privies located within 50 feet of a surface water body (not a drinking water supply or its tributaries) or a bordering vegetated wetland or salt marsh. These systems will pass inspection unless the Board of Health determines that a cesspool or privy are functioning in a manner which does not protect the public health and safety and the environment. This determination must be made by the Board of Health. System inspectors can NOT make this evaluation. The system inspector should merely identify that the cesspool or privy is located within the setback. Boards of Health will use other information collected by the inspector, such as depth to ground water, system design and flow characteristics, along with specific guidance prepared by the Department to help with that determination. (revised 11/03/95) r A second set of situations involve septic tank and soil absorption systems that are too close to drinking water supplies, drinking water supply tributaries, public and private water supply wells. In these situations, the systems are deemed to be failed unless the Board of Health (in conjunction with the public water supplier in the case of public surface water supplies and their tributaries) determines that the systems are functioning in a manner that protects the public health and safety and the environment. Again, the system inspector can NOT make this evaluation. The information collected during the inspection and the guidance provided by the Department will be used by the Board of Health to make the determination. The system inspector can assist the Board of Health in the case of septic tanks and soil absorption systems located less than 100 feet from a private drinking water well by arranging to have the well tested for coliform bacteria, volatile organic compounds and ammonia and nitrate nitrogen. SYSTEM FAILS The system fails if any of the criteria listed in 310 CMR 15.303 (1)(a) through (c) are violated. If the system fails, the owner or operator of the system should contact the Board of Health before any attempt is made to upgrade or repair the system or otherwise attempt to bring the system into compliance. In virtually every situation, a permit will be needed from the Board of Health.. It only makes sense, therefore, to contact the Board of Health to determine what the Board will require before arranging to have plans drawn, etc. LARGE SYSTEMS In addition to the criteria that apply to all Title 5 regulated systems, there are several criteria that apply to systems which serve facilities with a design flow of 10,000 gallons per day or greater. If the large system is located within 400 feet of a surface drinking water supply, 200 feet of a tributary to a surface drinking water supply or within a nitrogen sensitive area (Interim Wellhead Protection Area (IWPA) or a mapped Zone II of a public water supply well), the system is failing to protect the public health and safety and the environment. In this instance, the owner/operator of the system will be required to obtain a ground water discharge permit from the Department. The owner/operator should contact the local regional office of the Department to determine what must be done. The completed System Inspection Form must be submitted to the approving authority within 30 days by the approved System Inspector. The regulations (310 CMR 15.301(10) provide the owner of a system the ability to have their system assessed without having a complete inspection. Such an assessment need not be done by an approve System Inspector. It can NOT be used to satisfy the requirements to have a system inspected as required in 310 CMR 15.301. Finally, the results of a voluntary assessment not performed to comply with the requirements of section 310 CMR 15.301 need not be submitted to the Local Approving Authority. (revised 11/03/95) 3 MINIMUM REQUIREMENTS FOR AN INSPECTION The following are the minimum requirements necessary to complete an inspection. Meeting these minimum criteria, however, should not be construed as completion of an acceptable inspection if, through reasonable effort, a complete inspection of all components of the system is feasible. Furthermore, if a complete inspection cannot be performed, the inspector must provide adequate documentation of the specific conditions which prevented a complete inspection and should indicate on the inspection form what was done to try to locate components, determine high groundwater, etc. 1. The inspector must note the general conditions of the property to identify any obvious signs of failure. These would include but not be limited to backup of sewage to the facility, effluent ponding, breakout to the surface of the ground or to surface waters, and other occurrences which professional judgement would deem indications of failure. 2. All components prior to the leaching facility must be located and inspected. In a conventional component system, this would generally require inspection of the septic tank and distribution box. If a cesspool system, all cesspools in the system must be exposed for inspection. 3. Determine high groundwater elevation at the site. PRELIMINARY ACTIVITIES Information on system pumping must be requested of the owner, occupant, Board of Health or septage receiving facility. Inspections of on-site systems should begin with a records search at the local board of health or other appropriate sources to obtain design plans and as -built drawings, if available. This information will facilitate locating the system components in the field. If these records are not available, then the components will have to be located by other means. Non-invasive techniques for locating system components such as the use of metal detectors or estimating length and direction of pipes are preferred options. However, as a last resort, it may be necessary to expose piping at intervals in order to trace out the layout of the system. (revised 11/03/95) 4 INSPECTION PROCEDURE GENERAL: Walk around the entire site to note general conditions and check for obvious signs of failure such as surface breakout or ponding. Look for signs of sewage, stains on the ground or saturated, spongy soils. The presence of sewage odors must be determined when first arriving at the site. Check pumping records for frequency of system pumping and verify that the system has not been pumped within two weeks prior to inspection. Interview occupants concerning back-up or break-out or high groundwater. Sewage backup into the house can be caused by: 1. clogged pipes 2. surcharged septic tank 3. failed leaching area It is extremely important that the inspector determine the cause of the backup or breakout. For example, if the problem is due solely to broken or obstructed pipes, this would be considered a Conditional Pass situation. However, if the cause of the backup or breakout can be attributed to a general clogging of the leaching system by solids, then this could be grounds for failing the system. Locate and inspect pipes exiting the building. SEPTIC TANK: Expose and remove manhole covers. If septic covers are more than afoot deep, recommend that extensions be provided to within six (6) inches of finished grade. Determine material of construction. If the tank is a metal tank this is grounds for a conditional pass providing that no.other conditions exist which would trigger a system failure. Check inlet and outlet tees or baffles for damage. Recommend repair if necessary based on the requirements of 310 CMR 15.227. Check liquid levels for evidence of leakage. If tank is discharging when there is no flow from facility there may be infiltration to the tank which would indicate that the tank may be in high groundwater and is not watertight. If the liquid level is below the outlet invert then the tank is probably leaking to surrounding soils. Leaking tanks must be pumped to be inspected further. If further inspection shows that the tank is cracked, structurally unsound, is leaking or if groundwater is infiltrating the system through a crack or seam, this condition should warrant a conditional pass which would require replacement or sealing of the tank if no other failure criteria are triggered. If the liquid level is above the outlet and there is no outflow, then the outlet pipe may be clogged, or broken or the distribution box may be surcharged. The inspector should try to determine the cause. If a surcharge in the tank is due to a broken or clogged pipe or other easily correctable circumstance, the system should receive a conditional pass if no other failure criteria are triggered. (revised 11/03/95) 5 Measure sludge depth and thickness and record on the inspection form. Recommend pumping in accordance with the regulations if the sludge layer is within twelve inches of the outlet tee or baffle. Measure scum depth and thickness and report. Recommend pumping accordance with the regulations if the bottom of the scum layer two inches of the bottom of the outlet tee or if the top of the is within two inches of the top of the outlet tee. Check for evidence of backup (i.e., liquid than the invert of the outlet pipe). The examined as it enters the distribution box backup. If the backup is due to a broken failure criteria are triggered, the system inspection. DISTRIBUTION BOX: Expose and remove cover. in is within scum layer level is significantly higher outlet pipe will need to be to determine the cause of the or obstructed pipe and no other may conditionally pass Determine if d -box is level and if flow is equal. Check if there is evidence of solids carryover. Check if static water level is at or higher than invert of outlet pipe.. If the liquid level is above the outlet and there is no outflow, either the outlet pipes are clogged or the leaching area is surcharged and in failure. The inspector must determine the cause. The system may qualify for a conditional pass if the high liquid level is due to broken or obstructed pipes, broken distribution box or if the distribution box is uneven.or settled. It should be noted that, if the hydraulic backup is due to a soil absorption system which is clogged, the system CAN NOT be made to pass by application to the soil absorption system of physical, chemical or biological agents or treatments. Such failures can, generally, only be corrected by upgrading or replacing the system. The Local Approving Authority should be consulted before any effort is made to repair or upgrade a failed soil absorption system. Chedk the pump function if there is a dosing chamber instead of a distribution box. Similarly, if the system includes a siphon, its condition and functionality should be determined. If the pump is not functioning properly, the system may receive a conditional pass provided that the pump is repaired or replaced. If the siphon is not functioning and cleaning the siphon cannot correct the problem, the siphon should be replaced with a pump system (unless it is part of a recirculating sand filter system or other approved alternative technology). In either case, the entire system does NOT need to be upgraded unless other conditions exist which would warrant a complete upgrade. (revised 11/03/95) SOIL ABSORPTION SYSTEM: It is extremely important that the inspector locate the leaching system, however, excavation of the soil absorption system, once it is located, is typically NOT required. It may be appropriate to expose a portion of the soil absorption system (especially if the leaching system is a pit) to determine its condition if other indications of failure, such as evidence of breakout, ponding, sewage backup, condition of the distribution box, etc., suggest that a failure of the soil absorption system may have occurred. If the system is a leaching pit, it will generally make sense to open the pit and pump the liquid out of the pit to determine if groundwater infiltrates back into the pit. Approximate layout should be determined by examining topography and noting drain arrangement from access at distribution box. Location of the leaching system can often be done by running a snake down the line(s) coming from the distribution box. Determine condition of soil (e.g. clogged, hydrogen sulfide crust, etc.) Determine level of ponding within disposal area (visual inspection) Determine if leaching system is below the high groundwater elevation. It should be noted that a soil absorption system, which fails because it is clogged, CAN NOT be made to pass by application to the soil absorption system of physical, chemical or biological agents or treatments. such. failures can, generally, only be corrected by upgrading or replacing the system. The Local Approving Authority should be consulted before any effort is made to repair or upgrade a failed soil absorption system. GROUNDWATER DETERMINATION: Groundwater elevation should be determined by the least invasive method possible. The following list describes a variety of methods which may be employed to determine high groundwater elevation: a. if a sewage disposal plan is on record for the site, it should include groundwater elevations from the original deep observation hole. If not available, determine if such information is available from adjacent lots. Make appropriate adjustments to determine high groundwater elevation. b. regional planning agencies may have records indicating high groundwater elevation in the particular city or town: If so, it can be determined if the bottom of the leaching facility is above the high groundwater elevation. C. USDA Soil Conservation Service soil surveys and maps may provide indications of high groundwater. d. observation of infiltration into the septic tank or.distribution box. If infiltration is evident, the surrounding soil shall be examined to determine groundwater elevation. (revised 11/03/95) 7 e. pumping a cesspool to monitor groundwater rise, as required by 310 CMR 15.302(3)(a)(2). This approach may be appropriate for other leaching facilities under some circumstances. d f. use a hand auger if groundwater is suspected to be near the surface. Various standard measuring techniques can be used to determine groundwater depth. Use appropriate adjustments to estimate high groundwater elevation. g. note the position of the system if in proximity to a water body or wetland. h. note if there is a cellar sump pump in the building being served or if there are foundation drains around the building. Methods i. through 1. below constitute more invasive means of determining high groundwater elevation. This guidance does not suggest that these methods are required in all cases; however, in instances where methods a. through h. above have failed to provide adequate information for determining high groundwater elevation, it may be necessary to employ these methods as described below. i. small diameter wellpoints can be driven to monitor groundwater elevation. Use appropriate adjustments to determine high groundwater elevation. This method may not be suitable for all soil conditions. j. after observing effluent water levels, pump the leaching facility and monitor to see if groundwater rises to the bottom (may be more applicable to pits, chambers and galleries than trenches and fields). This approach should be taken with caution. If done during the dry season, the results do not guarantee that subsequent groundwater level rise will not inundate the leaching system. Best professional judgement must be used in order to determine at what point backflow into the system is due to groundwater infiltration or other factors. Also, in some soils, groundwater may take some time to stabilized. In these instances, proper precautions must be taken to insure that the open area around the leaching facility is properly secured to prevent injury. The system owner may choose to have the high groundwater elevation determined by the methods described in k. and 1. below to confirm or disprove the results obtained by other methods, or in place of the minimum requirements. k. drive an observation well with a powered auger, observe the groundwater elevation and make appropriate adjustments to determine high groundwater elevation. The maximum depth of the well should be twelve feet below grade at the lowest natural elevation on the site or six feet below the bottom of the leaching facility. 1. dig a deep observation hole (generally the last resort) and use appropriate adjustments to determine maximum high groundwater elevation. The maximum depth of the hole should be twelve feet below grade at the lowest natural elevation on the site or six feet below the bottom of the leaching facility. (revised 11/03/95) 8 :r SINGLE CESSPOOLS Inspection of a single cesspool must provide sufficient information to determine if any of the failure criteria are triggered. Minimum requirements are: Determine dimensions and materials of construction. Measure liquid level distance to invert and evaluate compared to failure criteria. Determine the distance below the bottom of the cesspool to high groundwater. Note depth of sludge, and scum. Require pumping upon completion of initial inspection. Observe infiltration of groundwater, if any. OVERFLOW CESSPOOL SYSTEMS Overflow cesspool systems consist of an initial cesspool which overflows to some type of leaching facility, either pits, fields or trenches. Generally, these systems are found in older facilities and have been installed bit by bit over the years, usually to "repair" failed cesspools. These are hybrid systems and do not fall under the definition of "cesspool" as found in Title 5, nor are they conforming Title 5 systems.. As a result, these systems have to be inspected using criteria for both cesspools and conventional systems. When inspecting an overflow cesspool system, the inspector should recognize that the first cesspool is nominally functioning as a septic tank. This means that this unit is likely to be fitted with inlet and outlet pipes and will not have the requisite free space of six inches or half a day's storage volume that is required for a single cesspool. Accordingly, in order to assess its suitability to function as a septic tank, the first cesspool should be evaluated based on septic tank criteria, except for watertightness,. Thus the inspector must check for sludge and scum levels and depths, condition of inlet and outlet tees, and other septic tank criteria. The leaching system(s) or additional cesspool should then be evaluated based on criteria for soil absorption.systems. Because the first cesspool is not watertight, it will leach some effluent and therefore must also be evaluated for setback distances for cesspools as defined in the failure criteria and held to these setbacks for determining failure. In addition, it must also be pumped, after the evaluation of its function, in order to determine if the bottom of the tank is above or below the maximum groundwater elevation, as is required for single cesspool systems. In some instances, there may be more than two cesspools in series. Each cesspool that has an inlet and outlet pipe and overflows to another type of soil absorption system is to be evaluated as a septic tank as outlined above. Furthermore, they must be evaluated for cesspool setback criteria and pumped to determine if they are below the maximum groundwater elevation. The terminal leaching facility, whether a pit, trench field or additional cesspool (i.e. no outlet and/or connection to any other leaching facility or cesspool) would be subject to the soil absorption system criteria only. (revised 11/03/95) 9 SETBACKS Measure setbacks from drinking water supplies (soil absorption systems, cesspools and privies), surface waters (cesspools and privies only) and bordering vegetated wetlands or salt marshes (cesspools and privies only). As previously indicated, encroachment on these setbacks may trigger failure or require further evaluation of the system by the Local Approving Authority. The System Inspector's job is only to gather information. It is the responsibility of the Local Approving Authority to determine an appropriate course of action in regard to upgrade requirements. IT IS NOT THE SYSTEM INSPECTOR'S RESPONSIBILITY TO ENFORCE UPGRADE REQUIREMENTS OR TO MAKE ANY RECOMMENDATION OR DETERMINATION OF UPGRADE REQUIREMENTS. DIFFICULTY IN LOCATING COMPONENTS If the inspector is unable to locate components of the disposal system, the following steps should be followed: 1. Pursuant to 310 CMR 15.302 all components prior to the leaching facility must be located. 2. If the system does not have a distribution box, then it is important to try and locate the leaching facility and inspect it directly in order to determine its condition. 3. If the high groundwater elevation is 12 feet or more below than the lowest surface elevation on the lot, and there is no evidence of backup in the system, the leaching facility most likely is not below the high groundwater elevation.' This condition, however, should not relieve the inspector from exercising due diligence in locating the leaching facility and inspecting its condition. 4. The Local Approving Authority should evaluate all "Not Determined" entries on the inspection form and has the final decision as to whether further investigation is required to adequately evaluate the system. (revised 11/03/95) 10 COMMONWEALTH OF MASSACHUSETTS pk) EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION 19 V ONE WINTER STREET, BOSTON MA 02106 (617) 292-5500 WILLIAM F. WELD Govemor ARGEO PAUL CELLUCCI Lt. Govemor March 3, 1997 Boards of Health TRUDY COXE Secretary DAVID B. STRUHS Commissioner Enclosed is a copy of the most recent revisions to Title 5 (310 CMR 15.000) that were promulgated on December 27, 1997 addressing changes to the inspection requirement for metal septic tanks as contained and described under Section 15.303(1)a(6), and changes to the requirements for Large Systems including the Large System Basin Inspection Schedule described under Section 15.006 and 15.301(6). Also enclosed as an addendum to your records is a list of the most recent Innovative, Alternative (IA) technologies approved by the Department. Should you have further questions regarding these revisions please contact John Viveiros of my staff at (617) 292-5837. bohmar-3.evr Sincerely Michael Rapacz, Deputy Director Wastewater Management 0 Printed on Recycled Paper PT! «,R r 1997 f -TI <1-- ?EPT. i:% January, 1998 Dear Sir/Madam; A PRO ROOTER 31 East Water Street • P.O. Box 428 • Rockland, MA 02370 (781) 982-2668 • PAGER (781) 671-3198 24 HR. SERVICE FIERVED JAN 2 0 1998 CITY OF SALEM HEALTH DEPT. We would like to take a moment to introduce our company to your community. We have been in the septic and sewer business for over 30 years. We service your community and the several other communities. Due to recent changes in with the N.W.R.A regulations, regarding disposing of grease, we at A Pro Rooter, are offering a special service to your community and the surrounding areas. Our service includes: 1.) Pumping out of all grease. 2.) Transferring all grease to a proper disposing facility. 3.) Notifying the Board of Health on which restaurants in each community have been completed. If you have any further questions or would like to receive additional information please feel free to contact us at (781) 982-2668. Thank you for your time. Sincerely, James McGrath President A PRO ROOTER The one stop full service solution to all of your sewerage needs. A PRo ROOTER services include: • Drain Cleaning and Septic Pumping • Grease Trap Installation and Cleaning • Gurry Filtering System Installation and Cleaning • Pump Station Repair and Maintenance • Title 5 Inspections * 24-hour Service * Jetting of all Main Lines Plumbing 25% OFF any service Excluding pumping & Title 5 expiration 9/1/98 Twenty-four hour service and one hour response times are standard benefits offered to all of our clients. A PRO ROOTER recognizes that we do not live in a perfect world where systems breakdown during standard nine to five, Monday through Friday business hours. We back this up by guaranteeing that we will respond to any call within one hour, twenty-four hours a day, seven days a week, 365 days a year. You will not pay inflated rates for off-peak or holiday service calls. We are so confident in our service that we will beat any written estimate and guarantee our work 100%. A PRO ROOTER, in a partnership with Atlas Grease and Oil Recovery Systems, Inc., has combined experience of over 40 years. We have expanded both our fleet and staff to offer you better service when you need it...no excuses. These changes have greatly impacted operations throughout the Bay State allowing us to better serve you. To introduce our services to you, A PRO ROOTER, will inspect your system at no charge and discuss your specific mainte- nance needs. We are aggressively seeking out new corporate business in our area, offering several maintenance plans tailored to meet your specific operative and budgetary needs. Let us show you how consistent preventive maintenance will save thousands of dollars from literally going down the drain! At A PRO ROOTER, our mission is to build lasting relationships by assuring our clients full service, one stop, cost-effective solutions for a lifetime. One of our representatives will be calling, but if you have any questions, please contact us at: 1-781-982-2668 Sincerely, James McGrath President P.S. Now available, A Pro Rooter exclusively offers state-of-the-art, environmentally sound, and cost effectivegrease recovery systems. FREE ESTIMATES 0 ARGEO PAUL CELLUCCI Govemor COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION ONE WINTER STREET, BOSTON MA 02108 (617)292-5500 TRUDY COXE May 28, 1998 Dear Board of Health Officials: ,JUN 21998 Secretary DAVID B. STRUHS CITY OF SAIEkl Commissioner HEAIM DEPT. Attached to this letter please find the most recent Innovative/Alternative Technologies approved for use in Massachusetts. Any questions regarding the use of I/A technologies may be addressed to Christos Dimisioris at 617-292-5912 or Janine Boothroyd at 617-2925658. IA-TOBOH.ltr Sincerely, Lealdon Langley, Acting Director Watershed Permitting Program 1 A ARGEO PAUL CELLUCCI Governor COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF. ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION ONE WINTER STREET. BOSTON. MA 02108 617-292-5500 TRUDY COPE Secretary DAVID B, STRUHS Commissioner CERTIFICATION FOR GENERAL USE Pursuant to Title 5, 310 CMR 15.000 Name and Address of Applicant: Bio-Microbics, Inc. 8271 Melrose Drive Lenexa, KS 66214 Trade name of technology and model: Micro FAST Treatment System (hereinafter the "System"). Date of Application: May 27, 1997 Transmittal Number: 123591 Date of Issuance: May 29, 1998 Expiration date: May 29, 2003 Authority for Issuance Pursuant to Title 5 of the State Environmental Code, 310 CMR 15.000, the Department of Environmental Protection hereby issues this Certification for General Use to: Bio-Microbics, Inc., 8271 Melrose Drive, Lenexa, KS 66214 (hereinafter "the Company"), certifying the System described herein for General Use in the Commonwealth of Massachusetts. The Department has determined that the applicant has demonstrated that the System will provide a level of environmental protection equivalent to that of a standard three component on-site system designed and constructed in accordance with 310 CMR 15.000. Sale and use of the System are conditioned on compliance by the Company and the System owner/operator with the terms and conditions set forth below. Any noncompliance with the terms or conditions of this Certification constitutes a violation of 310 CMR 15.000. 512 W Lealdon Langley, ActingPro�ar Director Date Watershed Permitting Program Department of Environmental of Environmental Protection This information is available in alternate format by calling our ADA Coordinator at (617) 571-6872. gni / DEP on the World Wide Web: http:/Mw .magnet.state.ma.us/dep Co Pnnted on Recycled Paper Micro FAST General Use Certification 5/29/98 I. Design Standards I 1. The System shall be installed in the second compartment of a two compartment septic tank with a total liquid capacity of at least 1,500 gallons. 2. The System is approved for use at facilities with a maximum design flow of 440 gallons per day. II. General Conditions 1. The provisions of 310 CMR 15.000 are applicable to the use of the System, except those that specifically have been varied by the terms of this Certification. 2. The facility served by the System, and the System itself, shall be open to inspection and sampling by the Department and the local approving authority at all reasonable times. 3. In accordance with applicable law, the Department or the local approving authority may require the owner of the System to cease use of the System and/or to take any other action as the Department or the local approving authority deems necessary to protect public health, safety, welfare or the environment. 4. The Department has not determined that the performance of the 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. Accordingly, no new System shall be constructed, and no System shall be upgraded or expanded,.if it is feasible to connect the facility to a sanitary sewer, unless a variance as provided for in 310 CMR 15.004(4)(b)is obtained. 5. Design, installation and use of the System shall be in strict conformance with the Company's DEP approved plans and specifications and 310 CMR 15.000, subject to the exceptions in this Certification. III. Special Conditions applicable to the System Owner/Operator M 1. The System is certified for the treatment and disposal of sanitary sewage only. Any wastes that are non -sanitary sewage generated or used at the facility served by the System shall not be introduced into the System and shall be lawfully disposed of. 2. Maintenance agreement: i. Throughout its life, the System shall be under a maintenance agreement. No maintenance agreement shall be for less than one year. ii. No System shall be used until a maintenance agreement and contingency plan are approved by the local approving authority which: provides for the contracting of a person or firm competent in providing services consistent with the System's specifications and the operation and maintenance requirements specified by the design engineer and any specified by the Department;_ -..•;1-- ;..:.. ._..,...._ contains procedures for notification to the local board of health within 24 hours of a System failure or alarm event and for corrective measures to be taken immediately. provides the name of the Massachusetts certified operator or operators, in accordance with 257 CMR 2.00, that will operate the System. The Micro FAST General Use Certification 5/29/98 operator must maintain the System at least every three months and anytime there is an alarm event. The provisions of 314 CMR 12.00 are incorporated herein and apply to the maintenance and operation of the System. 3. The owner/operator of the System shall at all times properly operate and maintain the System. 4. The owner/operator shall furnish the Department, within a reasonable time, any information that the Department may request regarding the operation and performance of the System. 5. The owner of a facility served by the System shall provide a copy of this Certification, prior to the signing of a purchase and sale agreement for the facility served by the System or any portion thereof, to any new owner. 6. As part of an individual application to install and use the System, the proposed owner/operator of the System shall demonstrate that a soil absorption system designed in accordance with 310 CMR 15.000 can be installed on the facility. IV. Special Conditions applicable to the Company 1. Before January 31st of each year, the Company shall submit to the Department, a report, signed by a corporate officer, general partner, or Company owner, that contains information on the System for the previous calendar year. The report shall state the number of units of the System sold for use in Massachusetts during the previous year. The report also shall include the address of each installed System, the System owner's name and address, the type of.use (residential, commercial, school, institutional) and the design flow; all known failures, malfunctions, and corrective actions taken and the address of each such event. - 2. The Company shall notify: the Director of the Watershed Permitting Program at least sixty (60) days in advance of the proposed transfer of ownership of the technology for which this Certification is issued. The notice shall include the name and address of the new owner, the date of transfer, and the respective responsibilities of the parties relative to the System. Unless the Department determines otherwise, this Certification automatically will transfer to the new owner. 3. The Company shall furnish the Department, within a reasonable time, any information that the Department requests regarding the System. 4. Prior to its sale of the System, the Company shall provide the purchaser with a copy of this Certification: In any contract for distribution or sale of the System, the Company shall require the distributor or seller to provide the purchaser of the System, prior to any sale of the System, with a copy of this Certification. 5. If the Company wishes to continue. this Certification after its expiration date, the Company shall apply for and obtain a renewal of this Certification. The Company shall submit a renewal application at least 180 days before the expiration date of this Certification, unless written permission for a later date has been granted by the Department. V. Reporting All notices and documents required to be submitted to the Department by this Certification shall be submitted to: Director Watershed Permitting Program Department of Environmental Protection One Winter Street - 6th floor Boston, Massachusetts 02108 0 Micro FAST General Use Certification VI. VII. VIII Rights of the Department 5/29/98 r� The Department may suspend, modify or revoke this Certification for cause, including, but not limited to, noncompliance with the terms of this Certification, non -payment -of any annual compliance assurance fee, for obtaining the. Certification by misrepresentation or failure to disclose fully all relevant facts or any change in or discovery of conditions that would constitute grounds for discontinuance of the Certification, or as necessary for the protection of public health, safety, welfare, or the environment, and as authorized by applicable law. The Department reserves its rights to take any enforcement action authorized by law with respect to this Certification and/or the System against the owner, or operator of the System, and/or the Company. Expiration date Notwithstanding the expiration date of this Certification, any System sold and installed prior to the expiration date of this Certification, and approved, installed and maintained in compliance with this Certification (as it may be modified) and 310 CMR 15.000, may remain in use unless the Department, the local approval authority, or a court requires the System to be modified or removed, or requires discharges to the System to cease. Right of Appeal This Certification is an action of the Department. Any person aggrieved by this action may request an adjudicatory hearing. A request for a hearing must be made in writing and postmarked within twenty one (21) days of the date of mailing of this Certification. Under 310 CMR 1.01(6)(b), the request must state clearly and concisely the facts which are the grounds for the request and the relief sought. The hearing request along with a valid check payable to Commonwealth of Massachusetts in the amount of one hundred dollars ($100.00) must be mailed to: Commonwealth of Massachusetts Department of Environmental Protection P.O. Box 4062 Boston, MA 02211 The request will be dismissed if the filing fee is not paid, unless the appellant is exempt or granted a waiver as described below. The filing fee is not required if the appellant is a city or town (or municipal agency), county, or district of the Commonwealth of Massachusetts, or a municipal housing authority. The Department may waive the adjudicatory hearing filing fee for a person who shows that paying the fee will create an undue financial hardship. A person seeking a waiver must file, together with the hearing request as provided above, an affidavit setting forth the facts believed to support the claim of undue financial hardship. MICRO.APP ARGEO PAUL CELLUCCI Govemor COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION ONE WINTER STREET, BOSTON, MA 02108 617-292-5500 TRUDY COXE • Secretary DAVID B. STRUHS Commissioner APPROVAL FOR REMEDIAL USE Pursuant to Title 5, 310 CMR 15.000 Name and Address of Applicant: Bio-Microbics, Inc. 8271 Melrose Drive Lenexa, KS 66214 Trade name of technology and model: Micro FAST Treatment System (hereinafter the "System"). Date of:Application> July 8, 1:997:.. Transmittal Number: 123601 Date of Issuance: May 29, 1998 Expiration date: May 29, 2003 Authority for Issuance Pursuant to Title 5 of the State Environmental Code, 310 CMR 15.000, the Department of Environmental Protection hereby issues this Approval for Remedial Use to: Bio-Microbics, Inc., 8271 Melrose Drive, Lenexa, KS 66214 (hereinafter "the Company"), approving the System described herein for Remedial Use in the Commonwealth of Massachusetts. Sale and use of the System are conditioned on compliance by the Company and the System owner/operator with the terms and conditions set forth below. Any noncompliance with the terms or conditions of this Approval constitutes a violation of 310 CMR 15.000. s 25 5F Lealdon Langley, Actingrogram Director Date Watershed Permitting Program Department of Environmental of Environmental Protection This information is available in alternate format by calling our ADA Coordinator at (617) 574-6872. DEP on the Word Wide Web: http1th .magnet.state.ma.usldep Gad Pnnted on Recycled Paper Micro FAST Remedial Use Approval I. Design Standards 5/29/98 1. This Remedial Use Approval authorizes the use of the System where the local approving authority finds that the System is for upgrade of a failed, failing or nonconforming. system. 2. The System shall be installed in the second compartment of a two compartment septic tank with a total liquid capacity of at least 1,500 gallons. 3. The System is approved for use at facilities with a maximum design flow of 440 gallons per day. 4. The System may be used in soils with a percolation rate of up to 90 min./inch. For soils with a percolation rate of 60 to 90 min./inch, the effluent loading rate shall be. 0.15 gpd / sq. ft. A. Reduced Soil Absorption System In approving design and installation of the System by a particular owner/operator, the local approving authority may allow a reduction of up to 50% in the area of the soil absorption system required by 310 CMR 15.242, provided that all of the following conditions are met: 1. Unless a reduction is allowed by a variance approved by the Department pursuant to 310 CMR 15.410 et sea•, no reduction in the required separation (four feet in soils with a recorded percolation rate of more than two minutes per inch or five feet in soils with a recorded percolation rate of two minutes or less per inch) between the bottom of the soil absorption system and the high groundwater elevation is allowed. 2. Unless a reduction is allowed by a variance approved by the Department pursuant to 310 CMR 15.410 et sea.. the setbacks from public or private wells, bordering vegetated wetlands, surface waters, salt marshes, coastal banks, certified vernal pools, water supply lines, surface water supplies or tributaries to surface water supplies, or drains which discharge to surface water supplies or their tributaries shall comply with the distances in 310 CMR 15.211. 3. Unless a reduction is allowed by a variance approved by the Department pursuant to 310 CMR 15.410 et sea.. no reduction in the required four feet of naturally occurring pervious material is allowed. B. Reduction of the Groundwater Separation Distance In approving design and installation of the System by a particular owner/operator, the local approving authority may allow a reduction in the required separation (four feet in soils with a recorded percolation rate of more than two minutes per inch or five feet in soils with a recorded percolation rate of two minutes -or less per inch) between the bottom of the soil absorption system and.the high groundwater elevation, provided that all of the following conditions are met: 1. A minimum two foot separation (in soils with a recorded percolation rate of more than two minutes per inch) or a minimum three foot separation (in soils with a recorded percolation rate of two minutes or less per inch) between the 1 Micro FAST Remedial Use Approval 5/29/98 bottom of the soil absorption system and the high groundwater elevation is maintained. 2. Unless a reduction is allowed by a variance approved by the Department pursuant to 310 CMR 15.410 et sea., the soil absorption system size shall fully conform to the design standards in 310 CMR 15.242. 3. Unless a reduction is allowed by a variance approved by the Department pursuant to 310 CMR 15.410 et se� the setbacks from public or private wells, bordering vegetated wetlands, surface waters, salt marshes, coastal banks, certified vernal pools, water supply lines, surface water supplies or tributaries to surface water supplies, or drains which discharge to surface water supplies or their tributaries shall comply with the distances in 310 CMR 15.211. 4. Unless a reduction is allowed by a variance approved by the Department pursuant to 310 CMR 15.410 et se� no reduction in the required four feet of naturally occurring pervious material is allowed. C. Reduction of the Requirement for four feet of Naturally Occurring Pervious Material In approving design and installation of the System by a particular owner/operator, the local approving authority may allow a reduction in the required four feet of naturally occurring pervious material in an area with no less than two feet of naturally occurring pervious material, provided that all of the following conditions are met: L The four foot requirement cannot be met anywhere on the site, or on an adjacent property with appropriate easements; connection to a sanitary sewer or to a shared system are not feasible. 2. Unless a reduction is allowed by a variance approved by the Department pursuant to 310 CMR 15.410 et sea., the soil absorption system size shall fully conform to the design standards in 310 CMR 15.242. 3. Unless a reduction is allowed by a variance approved by the Department pursuant to 310 CMR 15.410 et sea.. the setbacks from public or private wells, bordering vegetated wetlands, surface waters, salt marshes, coastal banks, certified vernal pools, water supply lines, surface water supplies or tributaries to surface water supplies, or drains which discharge to surface water supplies or their tributaries shall comply with the distances in 310 CMR 15.211. 4. Unless a reduction is allowed by a variance approved by the Department pursuant to 310 CMR 15.410 et sea.. no reduction in the required groundwater separation distance is allowed. IL General Conditions 1. The provisions of 310 CMR 15.000 are applicable to the use of the System, except those that specifically have been varied by the terms of this Approval. 2. Pressure distribution designed in accordance with Department guidance is required. 3. Any required operation and maintenance, monitoring and testing shall be performed in accordance with a Department approved plan. Any required sample analysis shall be conducted by a U.S. EPA or Commonwealth of Massachusetts approved testing Micro FAST Remedial Use Approval 5/29/98 laboratory, or an approved university laboratory, unless otherwise provided in the Department's written approval. It shall be a violation of this Approval to falsify any data collected pursuant to an approved testing plan, to omit any required data or to fail to submit any report required by such plan. 4. The facility served by the System, and the System itself, shall be open to inspection and sampling by the Department and the local approving authority at all reasonable times. 5. In accordance with applicable law, the Department or the local approving authority may require the owner of the System to cease use of the System and/or to take any other action as the Department or the local approving authority deems necessary to protect public health; safety, welfare or the environment. 6. The Department has not determined that the performance of the 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. Accordingly, no new System shall be constructed and no System shall be upgraded or expanded, if it is feasible to connect the facility to a sanitary sewer, unless a variance as provided.for in 310 CMR 15.004(4)(h) is'obtair_ed. 7. Design, installation and use of the System shall be in strict conformance with the Company's DEP approved plans and specifications and 310 CMR 15.000, subject to the exceptions and reductions allowed in this Approval. III. Special Conditions applicable to the System Owner/Operator 1. The System is approved for the treatment and disposal of sanitary sewage only. Any wastes that are non -sanitary sewage generated or used at the facility served by the System shall not be introduced into the System and shall be lawfully disposed of. 2. Maintenance agreement: i. Throughout its life, the System shall be under a maintenance agreement. No maintenance agreement shall be for'less than one year. ii. No System shall be used until a maintenance agreement and contingency plan are approved by the local approving authority which: provides for the contracting of a person or firm competent in providing services consistent with the System's specifications and the operation and maintenance requirements specified by the design engineer and any specified by the Department; contains piocedares for notification to lie local board of health within 24 hours of a System failure or alarm event and for corrective measures to be taken immediately. provides the name of the Massachusetts certified operator or operators, in accordance with 257 CMR 2.00, that will operate the System. The operator must maintain the System at least every three months and anytime there is an alarm event. The provisions of 314 CMR 12.00 are incorporated herein and apply to, the maintenance and operation of the System. 3. Effluent from the System shall be monitored quarterly. At a minimum, the following parameters shall be monitored: pH, BODS, and TSS. Every time the System is monitored, the water meter reading also shall be recorded. All monitoring data shall be submitted to the Department by January 31 of each year. After three years of monitoring and at the request of the owner/operator, the Department may reduce or eliminate these monitoring requirements. 4. When a sanitary sewer connection becomes feasible, the owner/operator of the System shall obtain necessary permits and connect the facility served by the System to the Micro FAST Remedial Use Approval 5/29/98 sewer within 60 days of such feasibility and shall abandon the System in compliance with 310 CMR 15.354, unless a later time is allowed in writing by the Department. 5. The owner/operator of.the System shall at all times properly operate and maintain the System. 6. The owner/operator shall furnish the Department, within a reasonable time; any information that the Department may request regarding the operation and performance of the System. 7. The owner of a facility served by the System shall provide a copy of this Approval, prior to the signing of a purchase and sale agreement for the facility served by the System or any portion thereof, to any new owner. IV. Special Conditions applicable to the Company 1. Before January 31st of each year, the Company shall submit to the Department, a report, signed by a corporate officer, general ?art"-eT, or Company owner, that contains information on the System for the previous calendar year. The report shall state the number of units of the System sold for use in Massachusetts during the previous year. The report also shall include the address of each installed System, the owner's name and address, the type of use (residential, commercial, school, institutional) and the design flow; all known failures, malfunctions, and corrective actions taken and the address of each such event. 2. The Company shall notify the Director of the Watershed Permitting Program at least sixty (60) days in advance of the proposed transfer of ownership of the technology for which this Approval is issued. The notice shall include the name and address of the new owner, the date of transfer, and the respective responsibilities of the parties relative to the System. Unless the Department determines otherwise, this Approval automatically will transfer to the new owner. 3. The Company shallfurnish the Department, within a reasonable time, any information that the Department requests regarding the System. 4. Prior to its sale of the System, the Company shall provide the purchaser with a copy of this Approval. In any contract for distribution or sale of the System, the Company shall require the distributor or seller to provide the purchaser of the System, prior to any sale of the System, with a copy of this Approval. 5. If the Company wishes to continue this Approval after its expiration date, the Company shall apply for and obtain a renewal of this Approval. The Company shall submit a renewal application at least 180 days before the expiration date of this Approval, unless written permission for a later date has been granted by the Department. V. Reporting All notices and documents required to be submitted to the Department by this Approval shall be submitted to: Director Watershed Permitting Program Department of Environmental Protection One Winter Street -. 6th floor Boston, Massachusetts 02108 VI. Rights of the Department The Department may suspend, modify or revoke this Approval for cause, including, but not limited to, noncompliance with the terms of this Approval, non-payment of any annual compliance assurance fee, for obtaining the Approval by misrepresentation or failure to disclose fully all relevant facts or any change in or discovery of conditions Micro FAST Remedial Use Approval 5/29/98 that would constitute grounds for discontinuance of the Approval, or as necessary for the protection of public health, safety, welfare, or the environment, and as authorized by applicable law. The Department reserves its rights to take any enforcement action authorized by law with respect to this Approval and/or the System against the owner, or operator of the System, and/or the Company. VII. Expiration date Notwithstanding the expiration date of this Approval, any System sold and installed prior to the expiration date of this Approval, and approved, installed and maintained in compliance with this Approval (as it may be modified) and 310 CMR 15.000, may remain in use unless the Department, the local approval authority, or a court requires the System to be modified.or removed, or requires discharges to the System to cease. VIII. Right of Appeal This Approval is an action of the Department. Any person aggrieved by this action may request an adjudicatory hearing. A request for a hearing must be made in writing and postmarked within twenty one (21) days of the date of mailing of this Approval. Under 310 CMR 1.01(6)(b), the request must state clearly and concisely the facts which are the grounds for the request and the relief sought. The hearing request along with a valid check payable to Commonwealth of Massachusetts in the amount of one hundred dollars ($100.00) must be mailed to: Commonwealth of Massachusetts Department of Environmental Protection P.O: Box 4062 Boston, MA 02211 The request will be dismissed if the filing fee is not paid, unless the appellant is exempt or granted a waiver as described below. The filing fee is not required if the appellant is a city or town (or municipal agency), county, or district of the Commonwealth of Massachusetts, or a municipal housing authority. The Department may waive the adjudicatory hearing filing fee for a person who shows that paying the fee will create an undue financial hardship. A person seeking a waiver must file, together with the hearing request as provided above, an affidavit setting forth the facts believed to support the claim of undue financial hardship. MICRO.REM FORM 4 - SYSTEM PUMPING RECORD Commonwealth of Massachusetts , Massachusetts System Pumping Record Type: Emergency ❑ Routine ❑ Cesspool: No ❑ Yes ❑ Septic Tank: No ❑ Yes ❑ Date of Pumping: Quantity Pumped: gallons System Pumped by (Company): Contents transferred to: Contents disposed at: Date Pumper Signature Condition of system/other comments: dDEP APPROVED FORM - 12/07/95 Permit #: p1. r o AN2S19961 FORM 5 - SEPTAGE HAULER PERMIT APPLICATION Fee Expires Commonwealth of Massachusetts , Massachusetts Application for Septage Hauler Permit In accordance with M.G.L. c. 111, Section 31B and 310 CMR 15.402 (Title 5) the undersigned makes application to the Board of Health for permission to remove and transport septage and the content of privies and cesspools as set forth below: Name of Applicant: Business Telephone Number: List number and types of equipment, their gallonage capacity, and date of vehicle inspection: (add additional pages if needed) List areas where septage will be accepted from (and append customer list): List all locations where septage will be disposed of (include a copy of the contract or the approval for use of the disposal location). I certify that the information I have provided above is true and accurate. I recognize that it is a violation of this permit to dispose of septage anywhere other than the identified disposal locations or others approved of the Board in writing as an amendment to this permit. Date Signature of Applicant WDEP APPROVED FORM - 12/07/95 FORM 6 - SEPTAGE HAULER PERMIT Expires Commonwealth of Massachusetts , Massachusetts Septage Hauler Permit The Board of Health approves this application to haul septage and the content of privies and cesspools. This permit expires on the date set forth above. All transport must be in accordance with 310 CMR 15.500 - 15.505 and applicable local regulations. A copy of this permit shall be kept in every vehicle in which the permittee carries septage over the roads of the Commonwealth. Septage Hauler Company Name and Address: Permit Number: Date aDEP APPROVED FORM -12/07/95 Approving Authority FORM 7 - LETTER OF NON-COMPLIANCE Commonwealth of Massachusetts , Massachusetts Letter of Noncompliance 310 CMR 15.025 - Inspection CERTIFIED MAIL Dear ................: It has come to the attention of the (approving authority) that the on-site sewage disposal system owned/operated by you and located at is not being properly maintained in accordance with 310 CMR 15.300 (and/or any Local Inspection and Maintenance Plan or Local requirements. In particular, the following items have been found to be in non-compliance with Title 5 - the State Environmental Code (e.g. pumping has not been performed in compliance with 310 CMR 15.303 or you have a cesspool located in an environmentally sensitive area and the deadline for recovering it has passed or we have not received your inspection form). I hereby specify that the following action(s) be taken within ......... days and that you inform this office when those actions have been completed. Please be advised that failure to perform the specified actions may result in further enforcement actions. Very truly yours, Approving Authority DEP EXAMPLE FORM - 12MV95 FORM 8 - ENFORCEMENT ORDER Page 1 of 2 City/Town Owner/Operator ENFORCEMENT ORDER - State Environmental Code, Title 5 From: To: Date of Issuance: Location of On-site System: Extent and Type of Activity: The (Approving Authority) has determined that the activity described above is in violation of the State Environmental Code, 310 CMR 15.000 because: The system has not been maintained in accordance with the Certificate of Compliance issued on . 19 The system is being installed or was installed in noncompliance with the Disposal System Construction Permit issued on Other(specify): The 111, sec 124 the following: (approving authority) hereby Orders pursuant to M.G.L. c. 5 or of local regulation to be complied with) grounds for further legal action. M.G.L. c (specify provision of Title Failure to comply with this Order may constitute 21A, sec 13 provides: " Local Boards of Health shall enforce [the Environmental] Code in the same manner in which local health rules and regulations are enforced''. DEP EXAMPLE FORM - 12107195 FORM S - ENFORCEMENT ORDER Page 2 of 2 M.G.L. c. 111, sec . 31 provides: "Whoever, himself or by his servant or agent, or as the servant or agent of any other person or any firm or corporation, violates any reasonable health regulation, made under authority of this section, for which no penalty by way of fine or imprisonment, or both is provided by law, shall be punished by a fine of not more than two hundred dollars." . Every day in which said violation continues shall be considered a separate offense. {insert appeal rights} Issued by: for: Signature: DEP EXAMPLE FORM - 12/07M FORM 9A - APPLICATION FOR LOCAL UPGRADE APPROVAL PAGE 1 OF 5 Commonwealth of Massachusetts , Massachusetts Application for Local Upgrade Approval Title 5, 310 CMR 15.000 DEP Approved form required by 310 CMR 15.403(1) To be submitted to Local Approving Authority/Board of Health: For the upgrade of a failed or nonconforming system with a design flow of < 10,000 gpd, where full compliance, as defined in 310 CMR 15.404(1), is not feasible. To be submitted to DEP: For the upgrade of a failed or nonconforming system with a design flow of 10,000 up to 15,000 gpd and/or for upgrade of a state or federal facility, where full compliance, as defined in 310 CMR 15.404(1), is not feasible. NOTE: Local upgrade approval shall not be granted for an upgrade proposal that includes the addition of new design flow to a cesspool or privy or the addition of new design flow above the existing approved capacity of a system constructed in accordance with either the 1978 Code or 310 CMR 15.000. 1) Facility/system owner Name Address Phone # Address of facility 2) Applicant (if different from above) Name Address Phone # 3) Type of facility _ residentialcommercial _ school institutional_ (Specify) WDEP APPROVED FORM -12/07/95 FORM 9A - APPLICATION FOR LOCAL UPGRADE APPROVAL PAGE 2 OF 5 4) Type of existing system privy cesspool(s) conventional system Other (describe) Type of soil absorption system (trenches, chambers, pits,etc.) 5) Design flow based on 310 CMR 15.203 a) Design flow of existing system Approved? _yes approval date no why? b) Design flow of proposed upgraded system gpd c) Design flow of facilitygpd 6) Proposed upgrade of existing system is a) Voluntary Required by order, letter, etc. (attach copy) Required following inspection required by 310 CMR 15.301 (provide date inspection form was submitted to the approving authority) (date) b) Describe the proposed upgrade to the system c) Which of the following are applicable to the proposed upgrade? Reduction of setback(s) (list setbacks to be reduced with proposed setback distances) Percolation rate of 30-60 minutes per. inch (state actual perc rate) WDEP APPROVED FORM . 12/07195 FORM 9A - APPLICATION FOR LOCAL UPGRADE APPROVAL PAGE 3 OF 5 Up to 25% reduction in subsurface disposal area design requirements (state required & proposed size) Relocation of water supply well (identify well, describe relocation) Reduction of required separation between bottom of SAS & high groundwater (specify proposed reduction & perc rate) Other requirements of 310 CMR 15.000 that cannot be met (specify sections of the Code) System upgrades that cannot be performed in accordance with 310 CMR 15.404 & 15.405, or in full compliance with the requirements of 310 CMR 15.000, require a variance pursuant to 310 CMR 15.410-15.417. 7) If the proposed upgrade involves a reduction in the required separation between the bottom of the soil absorption system and the high groundwater elevation, an Approved Soil Evaluator must determine the high ground water elevation pursuant to 310 CMR 15.405(1)(i)(1). The evaluator must be a member or agent of the local approving authority: Distance from soil absorption system to high groundwater feet As determined by: Evaluator's name _ Evaluator's signature Date of evaluation WDEP APPROVED FORM - 12/07/95 FORM 9A - APPLICATION FOR LOCAL UPGRADE APPROVAL PAGE 4 OF 5 8) Notice to Abutters No application for upgrade approval in which the setback from property lines or a private water supply well is reduced shall be complete until the applicant has notified all abutters whose property or well is affected by certified mail at least ten days before the Board of Health meeting at which the upgrade approval will be on the agenda. Such notice shall include the date, time and place where the upgrade approval will be discussed. If the Department is the approving authority, then such notice to abutters must be completed prior to the date of submission of the application to the Department. The notices to abutters shall include a copy of the completed application form and shall reference the standards set forth in 310 CMR 15.402 through 15.405. List of affected Abutters: Abutter Name_ Address Abutter Name_ Address Abutter Name Address Date notified Date notified Date notified Abutter Name Date notified _ Address 9) Explain why full compliance, as defined in 310 CMR 15.404(1), is not feasible (each section must be completed): a) an upgraded system in full compliance with 310 CMR 15.000 is not feasible: b) an alternative system approved pursuant to 310 CMR 15.283-15.288 is not feasible:.. WDEP APPROVED FORM - 12/07/95 FORM 9A - APPLICATION FOR LOCAL UPGRADE APPROVAL PAGE 5 OF 5 C) a shared system is not feasible: d) connection to a sewer is not feasible: 10) An application for a disposal system construction permit, including all required attachments (e.g. plans & specifications, site evaluation forms), must accompany this application. Is the DSCP application attached? _yes_no 11) Certification "I, the facility owner, certify under penalty of law that this document and all attachments, to the best of my knowledge and belief, are true, accurate, and complete. I am aware that there may be significant consequences for submitting false information, including, but not limited to, penalties or fine and/or imprisonment for knowing violations." Facility owner's signature Date Print Name Name of preparer Date Telephone # & address of preparer NOTE: Title 5, 310 CMR 15.403(4), requires the system owner or operator to submit to the Department a copy of the local upgrade approval upon issuance by the Board of Health and prior to commencement of construction. aDEP APPROVED FORM. 12/07/95 FORM 9B - LOCAL UPGRADE APPROVAL Commonwealth of Massachusetts , Massachusetts LOCAL UPGRADE APPROVAL ISSUED PURSUANT TO 310 CMR 15.404 & 15 405 Facility/system owner: Name: Address of facility Type of facility: residential _ institutional _ design flow per 310 CMR 15.203 System designer: Name Local Upgrade Approval granted for: reduction in setback(s) perc rate of 30-60 min./inch (specify rate) reduction in SAS area of up to 25% (specify % reduction & size of SAS) reduction in separation between SAS & high groundwater (specify reduction & perc rate) relocation of a well Address commercial _ school gpd List local variances granted (no DEP approval required per 310 CMR 15.412(4)) List variances granted requiring DEP approval Board of Health Approval of proposed upgrade Signature City/town Name & Title Phone No. THE SYSTEM OWNER OR OPERATOR SHALL PROVIDE A COPY OF THIS LOCAL UPGRADE APPROVAL TO THE APPROPRIATE REGIONAL OFFICE OF THE DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER POLLUTION CONTROL UPON ISSUANCE BY THE LOCAL APPROVING AUTHORITY & BEFORE COMMENCEMENT OF CONSTRUCTION. WDEP APPROVED FORA? - 12/07/95 The following forms are being re-written and will be made available by DEP upon completion. FORM 10A - APPLICATION FOR SHARED DISPOSAL SYSTEM CONSTRUCTION PERMITS FORM 10B - SHARED DISPOSAL SYSTEM CONSTRUCTION PERMIT FORM 10C - CERTIFICATE OF COMPLIANCE FOR SHARED DISPOSAL SYSTEM FORM 11 - SOIL EVALUATOR FORM Page I of 3 No. Date: Commonwealth of Massachusetts , Massachusetts Soil Suitability Assessment for On-site Sewage Disposal Performed By: - , -. Witnessed By: .. ...... L.tm AAA a Owner Nv , La # Addm, v Totcphm I �ew construction 11 Repair El Office Review Published Soil Survey Available: No ❑ Yes ❑ Year Published Publication Scale Drainage Class Soil Limitations .. .. .. .. Surficial Geologic Report Available: No [I Yes F Year Published Publication Scale ........... Geologic Material (Map Unit) ............................................... Landform- ............... ............... .-I.." .............. ................ ........ Flood Insurance Rate Map: Above 500 year flood boundary No E]Yes F] Within 500 year flood boundary No E]Yes F Within 100 year flood boundary No E]Yes F Wetland Area: National Wetland Inventory Map (map unit) ................. Wetlands Conservancy Program Map (map unit) .... Current Water Resource Conditions (USGS): Month Range :Above Normal EINormal El Below Normal ❑ Other References Reviewed: aDEP APPROVED FORM - 12107195 Date: Soil Map Unit FORM 11 - SOIL EVALUATOR FORM Page 2 of 3 Location Address or Lot No On-site Review Deep Hole Number Date: Time: Location (identify on site plan) Land Use Slope M Surface Stones Vegetation Landform Position on landscape (sketch on the back) Distances from: Open Water Body feet Drainage way feet Possible Wet Area feet Property Line feet Drinking Water Well feet Other , Weather DEEP OBSERVATION HOLE LOG* Depth from Surface (Inches) Soil Horizon Soil Texture (USDA) Soil Color (Munsell) Soil Mottling Other (Structure, Stones, Boulders, Consistency, % Gravel) Parent Material (geologic) DepthtoBedrock: Depth to Groundwater: Standing Water in the Hole: Weeping from Pit Face: Estimated Seasonal High Ground Water: T DEP APPROVED FORM - 12/07/95 P FORM 11 - SOIL EVALUATOR FORM Page 3 of 3 Location Address or Lot No. Determination for Seasonal High Water Table Method Used: ❑ Depth observed standing in observation hole...... ..... inches ❑ Depth weeping from side of observation hole............ inches ❑ Depth to soil mottles inches ❑ Ground water adjustment ................... feet Index Well Number ..... Reading Date .................. Index well level ........... _. Adjustment factor ................. Adjusted ground water level _.. Depth of Naturally Occurring Pervious Material Does at least four feet of naturally occurring pervious material exist in all areas observed throughout the area proposed for the soil absorption system? If not, what is the depth of naturally occurring pervious material? Certification I certify that on (date) I have passed the soil evaluator examination approved by the Department of Environmental Protection and that the above analysis was performed by me consistent with the required training, expertise and experience described in 310 CMR 15.017. Signature ® DEP APPROVED FORM - 12/07/95 Date FORM 12 - PERCOLATION TEST Location Address or Lot No. COMMONWEALTH OF MASSACHUSETTS , Massachusetts Percolation Test* Date: Time: ..... Observation Hole # Depth of Perc Start Pre-soak End Pre-soak Time at 12" Time at 9" Time at 6" Time (9"-6") Rate Min./Inch * Minimum of 1 percolation test must be performed in both the primary area AND reserve area. Site Passed ❑ Site Failed ❑ Performed By: Witnessed By: Comments: ® DEP APPROVED FORM - 12/07/95 FORM 13 - APPLICATION FOR SEARCH WARRANT PAGE I COMMONWEALTH OF MASSACHUSETTS (county), ss DISTRICT COURT DEPARTMENT OR SUPERIOR COURT CIVIL TRIAL COURT DIVISION APPLICATION FOR SEARCH WARRANT 310 CMR 11.03 Applicant: (name) Position of Applicant: I, (name), being duly sworn, state that: 1. I have the following information based upon the attached affidavit, consisting of a total of (number) pages. 2. Upon available information and belief, there is reason to believe that conditions existing at or activity being conducted at property described below may be causing or contributing to a violation of Title '5 of the State Environmental Code, 310 CMR 15.000. 3. I am seeking the issuance of this warrant to: a) conduct an administrative inspection of the premises known as located at (address), Massachusetts. b) investigate and sample any material on the premises which the Board of Health believes to be causing or contributing to a violation of Title 5 of the State Environmental Code, 310 CMR 15.000. c) photograph any material, activity, and/or condition which may be contributing to or causing a violation of Title 5 of the State Environmental Code, 310 CMR 15.000. 4. The inspection will begin as soon as possible after the issuance of the administrative warrant and will he completed with reasonable promptness, taking into consideration its scope and purpose. 5. A prompt return will be made to the court showing that the inspection has been completed no later than seven (7) days from the date of issuance of this warrant. (name) DEP EXAMPLE FORM - 12M7N5 t FORM 14 - ADMINISTRATIVE INSPECTION WARRANT & RETURN - PAGE I COMMONWEALTH OF MASSACHUSETTS (county), ss DISTRICT COURT DEPARTMENT OR SUPERIOR COURT CIVIL TRIAL COURT DIVISION ADMINISTRATIVE INSPECTION WARRANT AND RETURN ISSUED PURSUANT TO 310 CMR 11.03 To (name), Board of Health of the City/Town of Massachusetts. Proof by affidavit having been made this day of (month), 19 , before for the issuance of an administrative inspection warrant; and cause having been shown, namely reason to believe an activity or condition which may be causing or contributing to a violation of Title 5 of the State Environmental Code, 310 CMR 15.000, as established by the attached affidavit. WE THEREFORE COMMAND YOU: 1) To conduct an administrative inspection of the premises at (address). 2) To cause areas as the Board of Health considers necessary to be observed and inspected. 3) To investigate and sample any material which the Board of Health believes may be causing or contributing to a violation of Title 5 of the State Environmental Code, 310 CMR 15.000. YOU ARE FURTHER AUTHORIZED to utilize members of the local police department as you may require to conduct the administrative inspection, which is authorized by this warrant, in accordance with the provisions of 310 CMR 11.03. We further command you to begin the inspection as soon as practicable after the issuance of the administrative inspection warrant, and to complete said inspection of the premises, with reasonable promptness. A PROMPT RETURN shall be made to the District Court showing that the inspection has been completed no later than seven (7) days from the date of issuance of this inspection warrant, provided that in the event that there is need for additional time you are hereby authorized to request the court for an extension beyond the seven (7) day period. . aforesaid, this DEP EXAMPLE FORM - 12/07195 day of Justice or Clerk Magistrate ,19 t FORM 15 - AFFIDAVIT PAGE 1 OF 2 COMMONWEALTH OF MASSACHUSETTS (county), ss DISTRICT COURT DEPARTMENT OR SUPERIOR COURT CIVIL TRIAL COURT DIVISION AFFIDAVIT IN SUPPORT OF APPLICATION FOR A SEARCH WARRANT I, (name), being duly sworn, hereby dispose and state as follows: 1. I am a (position) of the Board of Health of (city/town), Massachusetts. Pursuant to Title 1 of the State Environmental Code, 310 CMR 11.03, and in order to properly carry out their responsibilities under the State Environmental Code and properly to protect the health, environment and well being of the people of the Commonwealth, Boards of Health, or their authorized agent or representative, are authorized to enter, examine or survey at any reasonable time such places as they consider necessary. 3. Title 1 of the State Environmental Code, 310 CMR 11.03, provides: "if any owner, occupant, or other person refuses, impedes, inhibits, interferes with, restricts, or obstructs entry and free access to every part of the structure, operation or premise where inspection authorized by this code is sought, the board of health... or the representative of either may: a) seek in a court of competent jurisdiction a search warrant so as to apprise the owner, occupant or other person concerning the nature of the inspection and jurisdiction for it and may seek the assistance of police authorities in presenting said warrant... " 4. On or about (date), (facts supporting reason that Board of Health considers the inspection necessary, i.e., activities and/or conditions observed, date upon which observation was made and by whom, location of the Title 5 violation, description of violation and provisions of Code being violated). 5. On or about (date), (name) sought to inspect the premises located at (address) by doing the following: (facts). 6. On or about (name), the (owner, occupant, etc.), interfered with the inspection by doing the following: (facts demonstrating interference -with the inspection). DEP EXAMPLE FORM - 12/07195 FORM 15 - AFFIDAV,IT PAGE 2 OF 2 7. As a (position) of the (city/town) Board of Health, I consider it necessary to inspect the premises located at (address) in (city/town), Massachusetts, so as to carry out the responsibilities of the Board under the State Environmental Code, 310 CMR 11.00 et sem., and properly to protect the health, environment and well being of the people of the Commonwealth. 8. To the best of my knowledge and belief, each of the above statements is true and accurate. (name), (city/town) Board of Health Then appeared before me this day of , 19 notary public my commission expires: DEP EXAMPLE FORM . 12107/95 William F. Weld Governor Trudy Coxe Secretary, EDEA David B. Struhs Commissioner Commonwealth of Massachusetts Executive Office of Environmental Affairs Department of Environmental Protection August 16, 1995 Dear Board of Health Members/Agents: AUG 2 1 1995 07"� v; :... ��, 3,; As you know, DEP promulgated emergency revisions to Title 5 on August 2. Information about these changes were recently mailed to you. You undoubtedly have many questions about the recent revisions and Title 5 in general. We are currently scheduling a series of workshops across the Commonwealth to bring you up to date and answer your questions. Dates and locations should be finalized within a few days and we will send those details along to you just. as soon as they are. In the meantime, we have revised our question -and -answer packages to reflect the recent changes. Copies are enclosed. These materials cover general topics, inspections, title transfers and soil evaluator requirements. Please feel free to reproduce and distribute them as you deem appropriate. I hope to see you at the workshops. As always, if you need additional information or have immediate questions., please feel free to call the DEP regional office that serves your.community or the Title 5 Hotline in Boston at 1-800-266-1122. very truly yours, can Spen Acting Di i��ctor Water Pollution Control One Winter Street a Boston, Massachusetts 02108 a FAX (617) 556.1049 a Telephone (617) 292.5500 ,Cap Printed on Re lad Paper ' kiCommonwealth of Massachusetts Executive Office of Environmental Affairs Department of Environmental Protection William F. Weld Go nnor Trudy Coxe secretary, EDEA David B. Struhs Comml inner Title 5 &A: Revised 8/16/95 Number 1 General Information. Q. When did the new rules go into Q. What, is the difference between a effect? cesspool and a septic system? A. The section of the rules dealing with approval of alternative technologies went into effect on November 10, 1994. All other provisions took effect March 31, 1995; except for the requirement for the use of an approved Soil Evaluator, which will become effective January 1, 1996. In addition, a number of revisions were made to some of the regulations on August 2, 1995. Q. Who regulates cesspools and septic systems? A. Local Boards of Health are the primary regulatory authorities. However, DEP will be involved in a limited number of approvals (for instance, general use of alternative technologies, shared systems and large systems) and some variance requests. In addition, DEP is responsible for overseeing local implementation of Title 5 and provides those bodies with training and technical assistance. A. A cesspool generally consists of a pipe, running from a building, which - empties into a single component pit. This arrangement does not allow proper detention of solids or proper distribution of effluent. As a result, effluent overloads the capacity of the soil to remove harmful bacteria and viruses, to remove phosphorous, and to convert ammonia. A conventional system, on the other hand, is comprised of: a building sewer; a septic tank, where solids can settle and both the solids and effluent begin to degrade; . distribution lines, which prevent effluent from overloading the soil; a soil absorption system, which further treats the effluent by removing harmful bacteria, viruses, phosphorous, and nitrogen; and a reserve area. Q. Do the new rules require every cesspool to be replaced? . A. No. Only those cesspools that exhibit One Winter Street a Boston, Massachusetts 02108 a FAX (617) 556.1049 e ' Telephone (617) 292-5500 06. Printed on Recycled Paper signs of hydraulic failure, are located extremely close to private or public water supplies or otherwise fail to protect or pose a threat to public health, safety or the environment will need to be upgraded. Q. Do the new rules require my system to be inspected? A. The new rules require systems to be inspected at the time of transfer of property, change of use, or expansion. In addition, condominiums must be inspected at the time of transfer unless the system has been inspected within the previous three years; shared systems must be inspected annually and large systems by July 1, 1996 and then once every three years. When facilities are divided or combined, inspection is also required. Systems located in cities and towns with comprehensive inspection programs which have been approved by DEP will be required to comply with those local programs rather than the inspection at transfer requirement. Q. Who conducts a system inspection? A. Massachusetts Registered Professional Engineers with a concentration in civil, sanitary or environmental engineering, Massachusetts Registered Sanitarians and Certified Health Officers may perform inspections. Additionally, board of health members and agents, professional home inspectors, licensed septage haulers, system installers, Engineers in Training (EIT certified with a concentration in civil, sanitary or environmental engineering) and 2 Revised 8/16/95 Number 1 persons with at least one year of experience in system inspection all may conduct inspections, provided that they have attended appropriate training and passed a DEP inspectors' exam. DEP has developed a training course for prospective inspectors and has an inspection form for inspections. Q. How do I have my system inspected if I am selling the house in the middle of the winter? A. The regulations require an inspection to be conducted anytime in the two years before the sale, or six months after the sale if weather conditions precluded prior inspection. If, however, the system.has been pumped on an annual basis, then the inspection is valid for three years. There may be different requirements if -your city or town has a DEP approved inspection program. Q. What is maximum feasible compliance? A. The concept of maximum feasible compliance (MFC) is "do the best you can with what you've got." Wherever feasible, a failed or nonconforming system must be upgraded in full compliance with the rules. But if this is not possible, in many instances, the local board of health is authorized to approve an upgrade that brings the system as close to full compliance as possible, in accordance with certain minimum criteria. In those cases, DEP approval would not be needed. Where upgrades are unable to meet basic requirements - for example, minimum groundwater separation (if less than three feet in slow percing soils or less than four feet in fast percing soils) or water supply setbacks (if less than 100 feet from a public water supply or tributary or less than 50 feet from a private water supply), however, variances and DEP review would be required. Q. What happens if I cannot meet those basic requirements? A. If you cannot meet certain basic minimum requirements, you generally will have to apply to the local board of health and to DEP for a variance. The new rules provide a number of options. The use of alternative technologies, for example, which provides better treatment than conventional systems might be a solution in many cases without a variance. Installation of a shared system also could be a feasible solution. Other options also may be available and will be considered on a case-by-case basis. Q. What alternative technologies are available? A. The new regulations provide that recirculating sand filters are approved for general use and composting/humus toilets are approved for general use in upgrade (remedial) situations. Both uses must be consistent with the conditions in the new Code. In addition, the new Code establishes a comprehensive approach for evaluating and approving other alternative technologies. The Department has issued 3 Revised 8/16/95 Number 1 two Piloting Use Approvals, three Provisional Use Approvals, six Certifications for General Use and four Remedial Use Approvals for additional alternative technologies. In addition, approvals have been granted to pilot test a number of I/A systems. For more information, contact your local Board of Health. Q. If I own a vacant lot, can I build on it under the new regulations? A. Generally, if an individual lot were buildable under the 1978 rules, but a Proposed new system could not fully comply with the new rules, you could build up to. a three bedroom house, provided that that house size could have been built under the 1978 Code, as long as the application is filed by January 1, 2000, and the system is completed within three years of permit receipt. In some circumstances, a larger house would be allowed, provided that a higher level of treatment (e.g. an RSF) were provided. Longer time frames would apply to certain subdivisions and construction of facilities subject to a M.G.L. c.40B Comprehensive Permit. Q. Why can't I put my, leaching field underneath the driveway? A. Impervious areas such as driveways or parking lots restrict air passing through the soils. This causes anaerobic conditions, which, in turn, clog the soil absorption system (leaching field)_ and may cause it to fail. Q. What happened to existing local rules' when the new state regulations took effect? A. Local rules are adopted under independent legal authority. Existing local rules that conflict with or are less stringent than the new code no longer are in effect. Local rules which are more stringent than the new Code will remain in effect, but boards of health are urged to review them and determine whether they are still appropriate. Q. Do any government agencies provide financial assistance for repairs and/or upgrades? A. The federal Farmers Home Administration (FHA) and the Massachusetts Housing Finance Agency (MHFA) offer financing to qualified individuals. For information regarding the federal programs contact your local FHA county office as listed in the phone directory or write: ■ Farmers Home Administration U.S. Department of Agriculture Washington, DC 20250 For information regarding MHFA programs contact: ■ Massachusetts Housing Finance Agency 50 Milk Street Boston, MA 02109 (617) 854-1000 0 Revised 8/16/95 Number 1 Under a new state law, the "betterment law," cities and towns in Massachusetts have the option of providing upfront financing of residential system upgrades. The betterment law allows municipalities to create revolving loan funds to pay for upgrades and to recover costs by assessing betterments on the property tax bills of the homeowners who benefit. For costly upgrades, homeowners maybe given up to 20 years to reimburse the city or town for costs,, plus interest. The recently enacted state capital budget included $10 million fo'r the establishment of a program to assist low and moderate income homeowners faced with the prospect of system upgrades. Under this program, grants of up to $100,000 will be given to provide interested cities and towns with some seed money to establish revolving loan programs under the betterment law. Cities and towns will be prioritized based on such factors as the percentage of unsewered' areas and median household income. The Department has provided boards of health with details about this program. For additional information, you should contact your board of health or the Department at 800/266-1122. There also are several legislative initiatives under consideration to provide additional monies to communities to help homeowners upgrade their systems.. Revised 8/16/95 Number I THIS DOCUMENT IS INTENDED FOR INFORMAL, INFORMATIONAL PURPOSES ONLY. IN THE EVENT OF ANY CONFLICT OR DISCREPANCY BETWEEN THE INFORMATION CONTAINED HEREIN AND ANY REGULATION OR LAW INCLUDING, BUT NOT LIMITED TO, 310 CMR 15.000, TITLE 5, THE REGULATION SHALL PREVAIL. t5.gen Commonwealth of Massachusetts Executive Office of Environmental Affairs Department of r Environmental Protection William F. Weld Govemor Trudy Coxe ecreta Sry, EOEA David B. Struhs Commissioner Title 5 &A: Revised 8/16/95 Number 2 System Inspections. Q. What is included in a system inspection? A. An inspection consists of the collection and recording of the following: ■ General layout of the system components; ■ Type of use (domestic or commercial/industrial), design flow and whether the facility is presently occupied; ■ Analysis of the factors specified in the new Code that indicate system failure, and, for large systems, those indicative of threats to public health and the environment as well; ■ Water use records from the previous two years, if available from the public water supplier; ■ A description of the septic tank including, for example, condition, approximate age, thickness of grease/scum layer; ■ A characterization of the distribution box and dosing tanks with pumps, if any, such as evidence of solids carryover or backup; and ■ The condition of the soil absorption system including, e.g., any signs of hydraulic failure. When a change in the footprint of a building is proposed, the system inspection only needs to include an: assessment of the location of all system components (including the reserve area) unless official records clearly indicate the location. If an inspection is required, the information is recorded on a DEP- . approved inspection form and submitted within 30 days of the inspection, to the approving authority, Boards of Health are the approving authorities for most systems. DEP is the approving authority for state and federal facilities and receives One Winter Street a Boston, Massachusetts 02108 • FAX (617) 556.1049 a Telephone (617) 292.5500 ►ei Prinled'on Recycled Paper - inspection forms for large and shared systems. [310 CMR 15.302(2) and 15.301(2)] If an inspection is not required, a system owner may perform a voluntary assessment of the condition and operability of the system, in which case the results of the inspection are not required to be submitted to the approving authority. [31C CMR 15.301(10)] Q. When are inspections required? A. Inspections are required when a facility is to be sold, facilities are divided or combined together, there is a change in use or an expansion of the facility, a routine inspection of a large or shared system is needed,. or DEP or the local approving authority orders an inspection. Consult the list below and Title 5 for the specific requirements associated with these situations. The system must be inspected: ■ Within two years (three years if the system has been pumped annually during that time; three years for condominiums) prior to the sale of the facility, or if weather conditions preclude inspection at that time, then within six months after the sale [cities or towns subject to a DEP approved local inspection program may have different requirements - consult the board of health to see if different rules apply] , Revised 8/16;95 Number 2 ■ When there is a change in use or expansion of the facility which requires a building or occupancy permit. NNote that this does not mean an inspection is required every time a building permit is needed - only when the use of the facility is changed (for example, from residential to commercial) or when a facility is expanded; ■ For large systems with a design flow of 10,000 gallons per day or more at full build -out, by July 1, 1996 and every three years thereafter; ■ Every year for shared systems; ■ When the facility is divided or ownership of two or more facilities is combined; or ■ When DEP or the local approving authority orders an inspection. [15.301] Q. For how long is an inspection valid? A. Inspections are good for two years. If a facility transfers more than once in the two year period, the single inspection is valid for each transfer. When a system is pumped on an annual basis, an inspection is valid for three years. Q. Are there exceptions to these requirements? A. Inspections are not required for new or upgraded systems that have a certificate of compliance issued within the prior two years of a transfer of title or if the owner or person acquiring title has signed an enforceable agreement with the BOH to upgrade the system or connect to a sanitary sewer or shared system within two years. Additionally, if the facility is subject to a comprehensive DEP approved local inspection program, an inspection is not required prior to transfer of title. Q. When would a system qualify for a conditional pass? A. A system with components which need repair or replacement would qualify for a conditional pass on the inspection report. Upon completion of replacement or repair of the broken system component, the system would pass inspection. Examples of such system components eligible for a conditional pass include a metal or cracked septic tank, a broken or obstructed pipe, or an uneven distribution box. Q. Are there special conditions for condominiums? A. Yes. The condominium association is responsible for the inspection, maintenance and upgrade of the system or systems serving the association unless the governing documents of the association provide otherwise. Inspection of the system is not required prior to transfer of title if the system has been inspected within the previous three years. Q. Are there special provisions for large systems? 3 Revised 8.!16!95 Number 2 A. Yes. Large systems are those systems with a design flow of 10,000 gallons per day or more. The content of the inspection remains the same as for smaller systems, but the frequency and the submittal of inspection forms are different. Large systems must be inspected prior to July 1, 1996, and then every three years. The owner and the System Inspector must submit the inspection form to DEP within . 30 days of the inspection. (For small systems, the owner and/or operator of the facility must submit the inspection form to the approving authority, which, in most cases, will be the Board of Health.) [15.301(3)] Large systems must also be inspected at time of transfer if a routine inspection has not been performed in the previous two years. If the large system is pumped on an annual basis, an inspection is valid for three years. Q. Do the systems have to be dug up to be inspected? A. The location and condition of cesspools, septic tanks and distribution boxes must be determined. Often, this will not require extensive excavation. Generally, leaching areas are not required to be dug up. [15.302] Q. Are the results always reported on the same form? A. The Title 5 regulations include the requirement to report the results of the inspection and recommendations on a DEP-approved form. Other reports will not be considered valid by DEP or the local approving authority (Board of Health). The use of a DEP approved form is intended to ensure consistent and thorough review of inspection matters. [15.301(7)] Q. Are state and federal facilities inspected too? A. Yes. Title 5 applies to state and federal facilities as well as homes and businesses. DEP is the approving authority for state facilities, so the inspection forms are submitted to DEP and DEP is responsible for enforcing these and other requirements at the state and federal facilities. [15.003] Q: What happens if all the system components cannot be inspected thoroughly? A. At a minimum,_the septic tank and distribution box if present, or cesspool if present, must be located and inspected. Also, the inspector must make reasonable efforts to locate and identify other components and features. If any component cannot be located or inspected, or if any determination cannot be made, the inspector must state on the inspection form the reasons and the steps taken to complete the inspection. Section 310 CMR 15.302 of Title 5 provides examples of "reasonable efforts." [15.302] SYSTEM INSPECTORS Q. Who may be a Title 5 System Inspector and conduct. valid inspections? 4 Revised 9/16/95 Number 2 A. Massachusetts Registered Professional Engineers (PEs) with a concentration in civil, sanitary or environmental engineering, Massachusetts Registered Sanitarians and Certified Health Officers automatically will be considered System Inspectors under the new Title 5. In addition, the following individuals may become inspectors if they take the DEP- approved course and pass the DEP- approved exam: ■ Board of Health members and agents; ■ Engineers -in -Training (EIT certified) with a concentration in civil, sanitary or environmental engineering; ■ Professional home inspectors; ■ Permitted/licensed septage haulers; ■ Permitted system installers; and ■ Other individuals with a minimum of one year of demonstrated experience in septic system inspection. System inspections conducted by any other individual will not be considered valid for compliance with Title 5 after March 31, 1995. [15.340(1)(a) and (b)] Q. I had my house inspected before March 31, 1995, who was able to conduct inspections which will be valid after that date? A. Massachusetts Registered Professional Engineers (PEs) with a concentration in civil, sanitary, or environmental engineering, Massachusetts Registered Sanitarians and Certified Health Officers could conduct inspections prior to March 31, 1995, which will be considered valid provided: (1) The inspector used the DEP approved form, obtainable from DEP offices and Boards of Health; and (2) The inspection was consistent with the requirements of the new Code. [15.340(1)(a)] Q. When will System Inspector training and the exam be given? A. DEP has developed a course and exam. The first courses were given in February, 1995, with subsequent courses offered on a regular basis. DEP will continue to publicize these courses. The exams have been conducted within two weeks of the close of the courses. Times and locations of future courses and exams will be available shortly. For updated information on courses and exams, please call 508/756-7281..For other Title 5 information, call the Title 5 hotline at 800/266-1122. Q. What can I do if my score is below 75 percent and DEP says I failed the exam? A. You may request a written statement of 5 Revised 8116/95 . Nmnber 2 the Department's basis for denial. And, you may apply to take the exam again. [15.340(3)] Q. How can I determine whether someone is a DEP-approved inspector? A. DEP-approved inspectors who take the course and pass the exam will receive a certificate from DEP identifying them as approved system inspectors. In addition, DEP at least annually will publish a list of these system inspectors. The list will be updated more frequently in the early months of the new regulations. Persons who automatically will be approved as system inspectors may request to be placed on the list as well - i.e. those who do not have to take the DEP approved course and pass the exam: Massachusetts Registered Professional Engineers with a. concentration in. civil, sanitary or environmental engineering, Massachusetts Registered Sanitarians and Certified Health Officers. These professionals, however, should be able to furnish you with evidence of their professional registrations or certifications. Q. What does the new Title 5 require once an inspection has been completed? A. The information must be recorded on a DEP-approved inspection form and submitted, within 30 days of the inspection, to the approving authority. Boards of Health are the approving authorities for most systems. DEP is the approving authority for state and federal facilities. Additionally, for large and shared. systems, the new Code provides that the System Inspector and the owner must submit the inspection form to the Department. In certain circumstances, a copy of the inspection form also must be submitted to the buyer or other person acquiring title to the facility. For smaller systems, the owner and/or operator of the facility is responsible for submitting the inspection form to the approving authority [15.301(7); 15.301(1)] Q. How can I obtain DEP approved inspection forms? A. The forms are available from Boards of Health and the DEP regional and Boston offices. To request a form, call the Title 5 Hotline at (800) 266-1122. Copies of the forms also have been provided to real estate boards and other interested organizations. Q. Do we always have to use the DEP form, if the information is good enough, who cares? A. Yes. The new Title 5 includes the requirement to report inspection results and recommendations on a DEP-approved form. Other reports will not be considered valid by DEP or the local approving authority (Board of Health). Use of this form ensures consistent and thorough review of inspection matters. [15.340(7)] Q. Can the approval of system inspectors be taken away? A. Yes. DEP may revoke or suspend the approval of a System Inspector when it determines that an inspector has falsified 11 Revised 8/16/95 Number 2 or fraudulently altered an inspection form or misrepresented the results of an inspection. The inspector has an opportunity fora hearing prior to DEP taking this action. [15.340(5)] Q. Is there a conflict if the system inspector works for the Board of Health and the system owner? A. Yes. A System Inspector may not act as an agent of the Board of Health and also as the Inspector for a system owner regarding the same system. THIS DOCUMENT IS INTENDED FOR INFORMAL, INFORMATIONAL PURPOSES ONLY. IN THE EVENT OF ANY CONFLICT OR DISCREPANCY BETWEEN THE INFORMATION CONTAINED HEREIN AND ANY REGULATION OR LAW INCLUDING, BUT NOT LIMITED TO, 310 CMR 15.000, TITLE S, THE REGULATION SHALL PREVAIL. 6. stm kiCommonwealth of Massachusetts Executive Office of Environmental Affairs Department of Environmental Protection William F. Weld Govemor Trudy Coxe S..,.rV, EOEA David B. Struhs Commissioner Title 5 &A90 Property Transfers Q. When are Title 5 on-site sewage disposal system inspections required? A. Inspections are required: ■ When a facility is to be sold to new owners, or there otherwise is a transfer of title, except between spouses; ■ When facilities are divided or combined together; ■ When there is a change in use or an expansion of the facility; ■ For large systems (10,000 gallons per day or more) or shared systems on a periodic basis; or ■ When DEP or the local approving authority orders an inspection. Inspections are necessary to ensure the proper operation, upgrade and maintenance of on-site sewage disposal systems. The new Code, therefore, requires system Revised 8/16/95 Number 3 inspections to be done periodically in certain circumstances. Most inspections will occur as a result of property transfers when facilities are sold, divided or combined. In order to provide further guidance to the regulated community, this document is intended to clarify the regulatory intent of the Department. Q. For how many months is the system inspection "valid"? A. For most property transfers, the inspection must occur at or within two years prior to the time of transfer. Condominium inspections are valid for three years. If a system has been pumped on a annual basis, then the inspection is valid for three years. If weather conditions prevent inspection at the time of transfer, the inspection must occur as soon as weather permits, but .in no event later than six months after the transfer, provided that prior to or at the time of transfer the seller notifies the buyer in writing of the requirements contained at 310 CMR. 15.300 through 15.305 for One Winter Street • Boston, Massachusetts 02108 •- FAX (617) 556-1049 • Telephone (617) 292-5500 40 Printed on Recycled Paper inspection and upgrade, if necessary Q. Is an inspection required in a foreclosure situation? A. In a foreclosure situation, inspections must occur within two years before or six months after the execution of the memorandum of sale (irrespective of whether the foreclosing institution, the loan guarantor, the loan servicer, an unaffiliated third party, or any combination thereof, is/are executing such memorandum of sale) or delivery of the deed in lieu of foreclosure to the foreclosing institution or the loan servicer. 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. To the extent that foreclosing institutions or loan servicers have contractually allocated responsibility for the inspection to the unaffiliated third party or the loan guarantor acquiring the property within the specified timeframes, such foreclosing institutions or loan servicers will not be responsible for inspection of the system(s). Entities foreclosing on properties are required to notify those who acquire title of the inspection and upgrade requirements contained at 310 CMR 15.300 through 15.305, in writing, prior to or at the time of transfer. Q. What if the system was inspected and I want to resell the property, do I have to have it inspected again? 2 Revised 8/16/95 Number 3 A. If an inspection was conducted within the applicable timeframe,, the inspection may fulfill the inspection requirement for more than one transfer of title, and need not be repeated. For most properties, inspection must have occurred within two years prior to the transfer (three years when a system has been pumped on an annual, basis). For condominiums, however, the system serving a condominium unit needs to be inspected within three years prior to the transfer. No re -inspection is necessary either for subsequent transfer of the same unit, or for transfer of another unit served by the same on-site. system; provided that the inspection occurred within three years prior to the subsequent transfer. While some buyers or lending institutions may want inspection of all systems.serving the condominium association, the regulations do not require it. Q. Who must obtain the inspection and who receives the results? A. Under Title 5, the property owner or facility operator is generally responsible for obtaining an inspection of the system. At the time of transfer of title, however, the parties may contractually allocate responsibility for the inspection provided that such inspection occur within the specified timeframes. An inspection must be conducted by an approved System Inspector. If an inspection is required, s/he must record the inspection results on a DEP-approved inspection form and submit the form, within 30 days of the inspection, to the approving authority. Boards of Health are the approving authorities for most systems. DEP is the approving authority for state and federal facilities. Also, for large and shared systems, the System Inspector and the owner must submit the inspection form to DEP. If an inspection is not required, a system owner may perform a voluntary assessment of the condition and operability of the system, in which case the results of the inspection are not required to be submitted to the approving authority. Q. With property transfers, does the buyer receive a copy of the inspection report, too? A. A copy of the inspection report must be submitted to the buyer or other person acquiring title to the facility served by the system. The inspection is intended to provide sufficient information to make a determination as to whether or not the system in its current condition is adequate to protect public health and the environment. The inspection, however, is not designed to provide information to demonstrate that the system adequately will serve the use of the new owner. Q. How does the inspection requirement apply to the following types of property transfers? A. The following types of transfers, among others, require an inspection within the applicable time frames: 3 Revised 8/16/95 Number 3 ■ Inheritance by will or intestacy (without a will) - with the exception of inheritance by a spouse which would not require an inspection, inspection of the system must occur within two years before or 1 year after the will being allowed by the probate court and the appointment of the executor or within two years before or 1 year after the appointment of an administrator if the deceased dies intestate regardless of whether the property passes specifically or. as part of the residue of the estate. 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. Executors or administrators are required to notify, in writing, those who acquire title to real property from an estate of the inspection and upgrade'requirements contained at 310 CMR 15.300 through 15,305. ■ Legal life estate or an interest for life ini trust - inspection of the system must occur within two years before or six months of the death of the life tenant. If a successive life interest passes to a spouse, the inspection must occur within two years of the death of the last surviving spouse. 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. ■ Inter -family transfers where new parties are involved (e.g. parents deed property to children) - within two years prior to transfer or if weather conditions prevent inspection at the time of transfer, the inspection must occur as soon as weather permits, but in no event later than six months after the transfer. 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. ■ Foreclosure or deeds in lieu of foreclosure - (see the Answer to Question 3 above). ■ Tax taking either by the federal, state, or municipal government - Inspection of the system must occur within two years prior to transfer by governmental entity to buyer or .within six months after the expiration of the right of redemption, provided that the governmental entity notifies the buyer in writing of the requirements contained at 310 CMR 15.300 through 15.305 for 4 Revised 8/16/95 Number 3 inspection and upgrade, if necessary. 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. ■ Levy of execution that results in a conveyance of property Inspection of the system must occur within two years prior to transfer by debtor to buyer dr within six months after the expiration of the right of redemption, provided that the debtor notifies the buyer in writing of the requirements contained at 310 CMR 15.300 through 15.305 for inspection and upgrade, if necessary. 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. ■ Bankruptcy - Inspection of the system must occur within two years prior to transfer by bankruptcy trustee to buyer or within six months after the transfer, .provided that the debtor notifies the buyer in writing of the requirements contained at 310 CMR 15.300 through 15.305 for inspection and upgrade, if necessary. 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. ■ A change in ownership or the form of ownership where NEW parties are introduced (e.g., introduction of new beneficiary/ies in a nominee trust; introduction of new joint tenant(s) or new tenant(s) in common; introduction of new parties where property is transferring from joint ownership to nominee or business trust, or where a new general partner is introduced; creation of a legal life estate or an interest for life in trust for a party other than the creator or his or her spouse, etc.) - Inspection of the system must occur within two years prior to transfer or if weather conditions prevent inspection at the time of transfer, the inspection must occur as soon as weather permits, but in no event later than six months after the transfer, provided that the new party is notified in writing -of the requirements contained at 310 CMR 15.300 through 15.305 for inspection and upgrade, if necessary. In a nominee trust situation, whoever has authority to add a new beneficiary is responsible for the inspection. Trustees in the nominee trust 5 Revised 8/16/95 Number 3 situation are advised to notify those with authority of their inspection obligation. 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. NOTE: An exception to this general rule that an inspection is required where new parties are introduced is the situation where a transfer occurs between spouses during life, out right or in trust, in which case an inspection is NOT . required. Examples of such spousal transfers which. do NOT trigger an inspection include: (1) a spouse transfers the real property to the other spouse, individually, or into a trust of which the other spouse is the sole or primary beneficiary; or (2) a spouse transfers the real property to him/herself and the other spouse, as joint tenants, tenants in common, or as tenants by the entirety. ■ Sale of a condominium unit (the system serving the particular unit must be, inspected) - within three years prior to transfer or if weather conditions prevent inspection at the time of transfer, the inspection must occur as soon as weather permits, but in no event later than .six months after the transfer, provided that the buyer is notified in writing of the requirements contained at 310 CMR 15.300 through 15.305 for inspection and upgrade, if necessary. Q. How does the inspection requirement apply to the following types of property transfers? A. The following types of transfers do NOT require an inspection: ■ Refinancing a mortgage or similar instrument, whether or not the identity of the lender remains the same ■ Taking of a security interest in a property including, but not limited to, issuance of a mortgage ■ Appointment of, or a change in, a guardian, conservator, or trustee ■ 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 sole, present beneficiaries, or changing the proportionate interests among a group of owners or beneficiaries ■ 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; Revised 8/16/95 Number 3 ■ Any other change in ownership or the form of ownership where NO NEW parties are introduced (e.g., from spouses jointly -or as tenants by the entirety to one spouse either for estate planning purposes or pursuant to a divorce settlement or court order, from joint ownership to nominee or business trust, or into limited or general partnership, etc.) ■ Transfer within two years of issuance of Certificate of Compliance - this includes systems constructed or upgraded prior to March 31, 1995 ■ Owner of the facility or person acquiring title has signed an enforceable agreement with the approving authority to upgrade the. system or to connect the facility to a sanitary sewer or a shared system within the next two years following the transfer of title, provided that such agreement has been disclosed to and is binding on the subsequent owner(s) ■ Facility is subject to a comprehensive local plan of on- site septic system inspection approved in writing by the Department and administered by a local or regional governmental entity; and the system has been inspected at the most recent time required by the plan Q. When do large and shared systems need to be inspected? A. Shared systems must be inspected annually. Large systems, that is, systems with a design flow of 10,000 gallons per day or more at full buildout, must be inspected by July 1, 1996, and then reinspected once every three years. Q. What is required in connection with changes of use and expansions? A. A system must be inspected upon any change in use or expansion of use (if the expansion of use results in an increase in flow to the system such as adding a bedroom) of the facility served if a building permit or occupancy permit from the local building inspector is required for such change in use or expansion. Any change in the footprint of a building will also require an inspection to determine the location of the system to ensure that construction will not be placed upon any system components or on the reserve area of the system, unless official records are available to determine the location of the system components. Q. Is -an inspection required in the context of new construction? A. Issuance of a Certificate of Compliance by the approving authority (generally the Board of Health, the Department in the case of state and federal facilities) upon 7 Revised 8/16/95 Number 3 completion of the system in new construction satisfies the inspection requirement. Certificates of Compliance issued in the expansion or upgrade contexts will also satisfy the inspection requirement. Issuance of such certificates of compliance shall satisfy any requirement for inspection for a period of two years. THIS DOCUMENT IS INTENDED FOR INFORMAL, INFORMATIONAL PURPOSES ONLY. IN THE EVENT OF ANY CONFLICT OR DISCREPANCY BETWEEN THE INFORMATION CONTAINED HEREIN AND ANY REGULATION OR LAW INCLUDING, BUT NOT LIMITED TO, 310 CMR IS. 000, TITLE 5, THE REGULATION SHALL PREVAIL. T5.tra Commonwealth of Massachusetts Executive Office of Environmental Affairs Department of r Environmental Protection William F. Weld Governor Trudy Cox.. .Secretary, ECFA David B. Struhs Commissioner Title 5 &A0 : Revised 8/16/95 Number 4 Soil Evaluators and Perc Tests Q. a) Who may become a DEP approved Soil Evaluator? b) How does someone become a DEP approved Soil Evaluator - will an application to DEP be necessary? c) When will the next soil evaluator course and exam be given? A. a) Persons meeting the following criteria will qualify to take the DEP approved soil evaluator exam and those who pass the exam may beapproved as Soil Evaluators: Massachusetts Registered Sanitarians, Massachusetts Registered Professional Engineers, Engineers in Training, Massachusetts Registered Land Surveyors, Certified Health Officers, Board of Health Members and Agents, and employees of the Department involved in the administration of 310 CMR 15.000. (See 310 CMR 15.017.) b) UMass, DEP's agent that has administered the soil evaluator examinations, was responsible for confirming that exam registrants were qualified to take the exam, scoring the exam and then submitting to DEP a list of the names and addresses of those individuals who passed the exam. DEP approved the individuals on the list as Soil Evaluators and sent each an approval certificate. The same process will be followed for the next exams. c) The next series of soil evaluator courses and exams will be announced shortly. Anyone who contacts the DEP Training Center, Route 20, Millbury, Massachusetts 01527, telephone 508/752-8648, will be sent an application when they become available. Anyone interested in taking just the exam may apply at that time as well. Q. Will the Soil Evaluator be responsible for performing the evaluation of all site conditions required by the Code in 310 CMR 15.100 through 15.107? A. No. The Soil Evaluator will be responsible for performing or observing the deep observation hole test and determining the soil profile as required by 310 CMR 15.103 and in accordance with One Winter Street a Boston, Massachusetts 02108 e. FAX (617) 556-1049 a Telephone (617) 292-5500 ►06. Primed on Recycled Psper 310 CMR 15.018. A Soil Evaluator is also qualified to perform percolation tests, but other qualified professionals may do the perc test portion of the site evaluation, as well. A Soil Evaluator will not be required for completion of, the other site evaluation requirements in the Code e.g. landscape position, meeting the necessary setbacks, hydrogeologic properties. These other siting considerations are the responsibility of the person qualified to do the system design. Q. Has the Soil Evaluator requirement been changed? A. Yes. The effective date for this portion of the regulations has been changed from October 1, 1995, to January 1, 1996. Other than this change, all other requirements remain the same. Q. Will the soil profile required by 310 CMR 15.103 need to be completed and a Soil Evaluator used for disposal works construction or system permit applications filed: a) before March"31, 1995; b) on or after March 31, 1995, but prior to January 1, 1996; and c) on or after January 1, 1996? A. a) For applications filed prior to March 31, 1995, the Soil Evaluator requirements of 310 CMR 15.018 and 310 CMR 15.100(2) and the Soil Profile requirements in 310 CMR 15.103 will not apply. b) For the vast majority of applications filed on or after March 31, 1995, but prior to January 1, 1996, a soil profile must be E Revised 8116/95 Number 4 submitted, but the requirement to use a Soil Evaluator will not apply.* If the applicant uses a Soil Evaluator to complete the soil profile in accordance with sections 310 CMR 15.103, 310 CMR 15.100(2) and 310 CMR 15.018 of the new Code, then the system may be designed and approved based on the effluent loading rates applicable to the particular textural class and percolation ("perc") rate of the soil, as set forth in the effluent loading rate table in section 310 CMR 15.242 of the new Code. For applications filed prior.to January 1, 1996, for proposed systems for which a Soil Evaluator is not used, the system will have to be designed and approved in accordance with the most conservative effluent loading rates applicable to the perc rate of the soil, as set forth in the effluent loading rate table, 310 CMR 15.242.* This would mean that if a Soil Evaluator was not used: 1) where the perc rate is 10 minutes per inch or.less, -the effluent loading rate would be 0.60 gallons per day per square foot (gpd/sq ft); 2) where the perc rate is 15 or the effluent loading rate would be 0.37 gpd/sq ft; 3) where the perc rate is 20, the effluent loading rate would be 0.34 gpd/sq ft; where the perc rate is 25, the effluent loading. rate would be 0.33 gpd/sq ft; and 4) where the perc rate is 30, the effluent loading rate would be 0.29 gpd sq/ft. For perc rates equal to or faster than 2 minutes/in., the Department will allow the use of the Class I loading rate = 0.74 gpd/sq.ft. Soil mottling cannot be used to determine maximum ground water elevation unless a Soil Evaluator conducts the soil evaluation. c) For the vast majority of applications filed on or after January 1, 1996, an approved Soil Evaluator must complete the soil profile in accordance with sections 310 CMR 15.018, 15.103 and 15.100(2) of the new Code.* Deep hole observation tests conducted before January 1, 1996, will not be considered valid for applications filed on or after that date unless witnessed by a Soil Evaluator. Q. Who will hire the Soil Evaluator - for whom will the Soil Evaluator be working? A. DEP anticipates that in most cases, the Soil Evaluator will be a Board of Health Member or Agent in which case, s/he would be working for the Board. As the new Code specifies in Section 310 CMR 15.018, the Board of Health may assess the applicant a fee for this service. Alternatively, the Soil Evaluator may be hired directly by the system proponent. In this case, however, the Soil Evaluator must not be a Member or Agent of the Board of Health that would be the approving -authority for the system. Also in this case, the Soil Evaluator would be required to perform the soil evaluation in the presence of the approving authority. Another option is that the Soil Evaluator would not be a Board of Health Member or Agent, but would be a person retained by the Board to perform soil evaluations. This would occur,• for example, *Under the transition provisions of the new Code, a small number of applications (e.g. for proposed facilities under certain 40B Comprehensive Permits and 3 Revised 8/16/95 Nmiber 4 subdivisions endorsed after January 1, 1992) filed after March 31, 1995 must be reviewed and approved pursuant to the requirements of the 1978 Code, unless the applicant chooses to apply the requirements of the new Code. when a Board does not have a Member or Agent who is a Soil Evaluator. In this case, the Board would pay the evaluator and then could charge a fee to the system proponent for the service. Accordingly, the Soil Evaluator would be acting as an agent of the Board and not an agent of the applicant. Q. "'ho may perform percolation tests? A. The new Code provides that percolation tests "shall be performed by a Massachusetts Registered Professional Engineer, Massachusetts Registered Sanitarian, a Soil Evaluator, or a person who: in the opinion of the approving authority is qualified to perform such tests; 2) has one year of documented experience in satisfactorily performing such tests; and 3) has used or gained skills that demonstrate sufficient competence to . perform such tests. All percolation testing shall be performed -in the presence of an authorized representative of the approving authority." (See 310 CMR 15.104(3).) Q. May a Soil Evaluator, as a member of the Board -of Health; complete the soil profile and then conduct the percolation tests for the applicant - or would this present a conflict? A. The Board of Health Soil Evaluator may perform both a percolation test and the soil evaluation for a site as long as s/he is not directly paid by the system proponent. In this situation, the Board of Health may charge the system proponent a fee for performing these services. The Board of Health Soil Evaluator may not, however, conduct the soil evaluation for the Board of Health and then perform the percolation test as an agent of the site owner. That is, the Soil Evaluator may not act as an agent for both the Board of Health and the system proponent for work done on the same site. Q. If a Soil Evaluator who is a Board of Health Member performs percolation tests, must another member of the, Board be present? A. As long as the Board of Health Member isnot working for or is not being paid directly by the system proponent, no, the presence of another Board of Health Member is not required. Q. a) Will a percolation test that was performed in compliance with the 1978 Code and prior to March 31, 1995, be valid under the new Code? b) Will a percolation test performed in compliance with the 1978 Code and prior to January 1, 1996, be valid under the new Code? A. a) & b) If a percolation test was performed prior to March 31, 1995, and the test complies with the requirements of the new Code, then the test may be used in connection with an application for a disposal system construction permit filed on or after March 31, 1995. It is expected that many of the recent perc tests done 4 ReYisM 9/16/95 Number 4 under the 1978 Code will remain valid under the new Code. Q. a) Will a deep observation hole test that was performed prior to March 31, 1995, be valid under the new Code? - b) Will a deep observation hole test performed prior to January 1, 1996, be valid under the new Code? A. a) If a deep observation hole test was performed prior to March 31, 1995, the test may be used in connection with an application for a Disposal System Construction permit filed on or after March 31, 1995, but before January 1, 1996, even if a Soil Evaluator was not present. b.) For an application filed after January 1, 1996, the deep hole test will be valid only if performed in the presence of a Soil Evaluator (and in compliance with the other requirements of the new Code). THIS DOCUMENT IS INTENDED FOR INFORMAL, INFORMATIONAL PURPOSES ONLY. IN THE EVENT OF ANY CONFLICT OR DISCREPANCY BETWEEN THE INFORMATION CONTAINED HEREIN AND ANY REGULATION OR LAW INCLUDING, BUT NOT LIMITED TO, 310 CMR 15.000, .TITLE 5, THE REGULATION SHALL PREVAIL. t5.ev1 Commonwealth of Massachusetts Executive Office of Environmental Affairs Department of Environmental Protection William F. Weld Go mor Trudy Coxe Secretary, EOEA David B. Struhs Commiuioner Title 5 &A: Alternative Systems Q. What is an alternative Title 5 system? A. An alternative system is any on-site sewage disposal system or portion of a system that is not designed or constructed in a manner consistent with a conventional Title 5 system. A conventional system has a septic tank, a distribution box or dosing mechanism, a soil absorption system and a reserve area. Alternative systems are proposed as alternatives to conventional systems and may provide equal or superior performance to that of conventional systems. Some examples are recirculating sand filters, Wisconsin mounds, peat filters, humus/composting toilets and intermittent sand filters. [15.002, 15.2811 Q. Are there any alternative systems being used right now? A. Yes. Recirculating sand filters and humus/composting toilets have been approved for general use, subject to certain conditions in the new Code. Revised 8/16/95 Number 5 Currently, there are several recirculating sand filters and humus/composting toilets used in this state. The Wisconsin mound,. Ruck system, peat filter, intermittent sand filter, Geo -Flow, FAST system, Cromaglass, Clivus Multrum Composter, Bioclere filter, Atlas grease recovery, Infiltrator, Zabel filters, and the OSL effluent filter have been approved .for use on individual sites. Additionally, DEP has issued two Piloting Use Approvals, three Provisional Use Approvals, six Certifications for General Use and four Remedial Use Approvals of alternative systems. For further information about these systems, please contact the DEP Regional.or Boston Offices listed below or your Board of Health. Q. Do alternative systems work? A. Yes, alternative systems typically perform successfully when they are designed and constructed for use according to the designer's and/or manufacturer's recommendations and in accordance with DEP approval. To decrease the risk One Winter Street a Boston, Massachusetts 02108 0 FAX (617) 556.1049 a Telephone (617) 292.5500 i^� Pnnted on Recycled Paper associated with non -conventional systems, the new Code establishes a three-tier evaluation system to identify and approve promising technologies for field testing, and, if they prove effective, ultimately for general use in Massachusetts. Under "piloting" and "provisional" approvals, systems are evaluated through close monitoring and careful site selection. Effective systems may obtain "general use" approval, with the terms of the approval including operation, maintenance or other appropriate requirements. Q. What happens when they break down or fail? A. As with a conventional system, the owner must either repair or replace the failed system. A full range of options are possible: repair with the same technology, use of another alternative system or installation of a conventional Title 5 system. In some instances, manufacturer warranties may apply. The Board of Health or the Department may order interim measures for health and safety reasons. Until an alternative system is .approved for "general use," it may be installed only to remedy a failed or nonconforming system, or for new construction where a Title 5 system or other alternative approved for general use can be installed or where a sewer is accessible. Q. What is this three-tier process? A. The new Title 5 establishes a three - tiered review and approval process for alternative systems as follows: 2 Revised 8/16/95 N=ber 5 Pilotina. the first level, is intended to demonstrate that the technology proposed can provide a level of environmental protection at least equal to that of a conventional Title 5 system. The evaluation essentially is technical. The Department may approve no more than 15 facilities at which piloting of any one particular system may occur. Provisional Approval, the second level, is intended to evaluate alternative systems that appear technically capable of providing levels of protection at least equivalent to those of standard systems and to determine whether, under actual field conditions in Massachusetts with broader usage than a controlled pilot setting, unrestricted use of the alternative system is likely to provide such protection, and whether any additional conditions addressing long-term operation, maintenance and/or monitoring are necessary to ensure such protection. This evaluation is largely practical - how will the system work when used by the general public. General Use Certification, the final level, is intended to facilitate and allow the use, under appropriate conditions, of an alternative system that has shown a level of environmental protection at least equivalent to that of a standard system. If performance data from other jurisdictions is available, the alternative system may enter this process at any tier. It is not necessary to go through all three tiers. [15.280 - 15.2891 Q. How can I get an alternative system to remedy a failed or nonconforming system?? A. An alternative system that has received a general use certification, provisional use, or piloting approval can be used in remedial situations if the conditions of the approval are met. In addition, any individual, business or other entity desiring to install an alternative system must obtain review and certain findings from the Board of Health and then DEP approval. This approval for remedial use may be site specific only, or for potential installation at more sites; data to support likely effectiveness of the system is necessary. DEP has issued several remedial use approvals for widespread use. [15.003 and 15.248] Q. I am proposing the use of a recirculating sand filter (RSF) designed in accordance with the Department's guidance. Do I have to apply to the Department? A. Use of an RSF for a system with less than 2,000 gpd of flow designed in accordance with the Department's guidelines and when added to an otherwise fully complying Title 5 system does not require DEP review. In addition, RSFs may be used to upgrade or repair failed systems under many circumstances without DEP approval, even if a fully complying Title 5 system is not feasible on that lot. Prior to the use of a recirculating sand filter (RSF) for a system between 2,000 to 10,000 gpd in Nitrogen Sensitive Areas 91 Reviud 8/16/93 Number 5 (15.202), the applicant must submit to the Department the written approval of the local approving authority, together with a copy of the complete application that was submitted to the local approving authority (the Board of Health). If the Department does not respond within 60 days, the application is deemed approved. [15.202] Q. I would like to install a composting toilet. Should I apply to the Department? A. Not when the proposed use of the humus/composting toilet meets the conditions of the certification for general use, 310 CMR 15.289(3). You do, however, have to obtain a Disposal System Construction Permit from the local approving authority. All other proposed uses of composting toilets must be approved by DEP. [15.289] Q. Can I use an alternative system, without variances, to make a lot buildable if my lot does not have: a) the. required perc rate of 30 minutes per inch -or less; b) four feet of naturally occurring soil; and c) the required separation from high groundwater? A. Not yet. In certifying an alternative system for general use, the Department may determine that the system may be used on lots that do not meet all of the technical requirements of the Code. At this time, however, no technology has been certified for use for new construction, without variances, on a lot that does not meet the Code's perc rates, that does not have at least four feet of naturally occurring soil, or does not have the necessary separation from high groundwater. For the upgrade of a nonconforming, failed or failing existing system, where a standard Title 5 system or a sewer connection is not feasible, the Department has approved certain alternative systems for use on lots that do not meet the above requirements. These approvals are Remedial Use Approvals. [15.280-15.289] Q. I would like to use a technology that currently is not used in Massachusetts for a new house. How do I get an approval? I would like to use a technology that currently is not used in Massachusetts for my existing house - how do I obtain approval? A. For new construction, in accordance with 310 CMR 15.280 - 15.289, the manufacturer of the technology may apply to the Department for piloting or provisional approval, or for general use certification. Or, you may apply to the Department for approval to pilot the system on your property. For existing construction, if you do not have a failed, failing or a nonconforming system, the process is the same. However, if your existing system is failed, failing or nonconforming, and you could not install a conforming system, or connect to a sewer, then you or the manufacturer may apply for remedial use approval. [15.281-15.289] Q. Where can I get a list of approved technologies? 4 Revised 8/16195 Number 5 A. You may obtain a copy of a list of DEP-approved alternative technologies, as well as ones under review for general use certification, by contacting your DEP regional office, or the Boston office. (See addresses and telephone numbers listed below.) You also may obtain copies of the approvals for. the alternative systems that have been approved from these offices. The list of alternative systems will be published at least annually in the "Environmental Monitor." DO YOU STILL HAVE QUESTIONS? For Title 5 information and referrals, contact: ■ DEP Metropolitan Boston/ Northeast Region . 10 Commerce Way Woburn, MA 01801 Service Center 617/932-7677 ■ DEP Central. Region 75B Grove Street Worcester, MA 01605 Service Center 508/792-7683 ■ DEP. Southeast Region 20 Riverside Drive, Lakeville, MA 02347 Service Center 508/946-2714 ■ DEP Western Region 436 Dwight Street State House West, 4th floor Springfield, MA 01103 Service Center 413/784-1100 x214 For general information about alternative technologies, contact: ■ Department of Environmental Protection Division of Water Pollution Control One Winter Street Boston, MA 02108 617/292-5673 For training information or to be placed on the DEP mailing list, call: ■ 800/266-1122 For copies of the regulations, contact: ■ State House Bookstore 617/727-2834 or 413/784-1376 THIS DOCUMENT IS INTENDED FOR INFORMAL, INFORMATIONAL PURPOSES ONLY. IN THE EVENT OF ANY CONFLICT OR DISCREPANCY BETWEEN THE INFORMATION CONTAINED HEREIN AND ANY REGULATION OR LAW INCLUDING, BUT NOT LIMITED TO, 310 CMR 15.000, TITLE S, THE REGULATION SHALL PREVAIL. t5adt I Revised 8/16/95 Number 5 laThe Importance of New Clean Water Rules • About one quarter of all homes in Massachusetts have cesspools or septic systems. • 83 communities in the state have themselves identified some $400 million worth of sewer construction needs to correct problems with failing cesspools and septic systems. • Failed cesspools and septic systems are among the major culprits responsible for the fact that forty percent of our lakes and streams and 60 percent of our major harbors and bays aren't clean enough for fishing and swimming. • Too much phosphorous from these systems is contributing to the weed -choked death of many of our lakes and ponds. In coastal waters, excess nitrogen is the culprit, leading to algae and seaweed blooms that deprive fish and shellfish of oxygen. • High levels of nitrogen in drinking water can be toxic to babies. Even after treatment in a conventional septic system, household sewage may still contain up to four times the level of nitrogen that's considered safe for drinking water. That's why systems need to be sited carefully so that there are not too many septic systems in the recharge areas of wells, nor are they located too close to drinking water. supplies. • An estimated 90,000 acres of shellfish beds are permanently closed in Massachusetts because of pollution, much of it the result of septic system contamination. Cesspools The Problems: Single component pits do not allow the proper detention of solids nor for the proper distribution of effluent. Effluent overloads the capacity of the soil to remove harmful bacteria and viruses, to remove phosphorous, and to convert ammonia to less harmful forms of nitrogen. More prone to surface breakout or backing up through the plumbing. yF Septic Systems With proper design, construction and maintenance, can last indefinitely. Three Components: vF ds can settle and both the solids and effluent 2.. distribution box, which prevents effluent from overloading the soil; and 3. a soil absorption system (leachfield), which further treats the effluent by partially remov- ing harmful bacteria, viruses, phosphorous, and small amounts nitrogen. The new Clean Water Rules contain detailed specifications and standards for septic systems tlmt will improve treatment of human sewage. The new rules also allow for alternative technologies that improve or modify traditional septic system designs. Examples of pollution from failing cesspools and septic systems are abundant: I' Essex Bay More than 160 acres of shellfish beds in the Essex, Castle Neck and Walker Rivers are permanently closed because of pollution. And the main source of the contamination, repeatedly documented in three separate studies over the last 20 years, is major, town -wide problems with improper sewage disposal or failing systems in the town of Essex, discharging contamination into the bay. Hundreds more acres are threatened in this shellfish rich area. Kingston Bay Most of Kingston Bay is closed to shellfishing because of contamination traced to failing septic systems. A survey conducted just last year found fecal coliform levels as high as 100,000, and determined that many of the septic systems along the Duxbury shore are failing or stressed. Webster Lake, Webster Two-thirds of the 600 lake -front septic systems on Webster Lake, a popular recreation area south of Worcester, are inadequate; about a quarter of them are cesspools. The lake is becoming increasingly choked with plant growth because of the discharge of phosphorous from these inadequate systems. Metacomet and Arcadia Lakes, Belchertown A 1985 study determined that on-site disposal systems were the major source of phosphorous getting into both these lakes, causing excessive plant growth that is interfering with the use of the lake. That study found that at least 16 percent of lakefront properties were still using cesspools. Sixty percent of the houses around the lakes were originally built as summer homes, but nearly half of those are now occupied year-round, in many cases straining the capacity of on-site systems. Wachusett Reservoir Failing septic systems and cesspools pose a threat to the Wachusett Reservoir, which supplies one-third of the water needs of the MWRA system. For example, regular monitoring of Gates Brook.by the MDC has shown coliform bacteria counts to be excessive more than half the time. And because of algae growth caused by nutrients, in large part from failing septic systems, the MWRA treats the reservoir regularly with copper sulfate. If we can't prevent this pollution, then the MWRA—and eastern Massachusetts ratepayers—may have to spend hundreds of millions of dollars to construct a drinking water filtration plant. And local residents will continue to face the public health risks posed by raw sewage discharges from failed systems. Cherry Valley Sewer District, Leicester The town's Board of Health says some homes may have to be condemned because the problems caused by failed sewage systems are so bad. In some places along Route 9, raw sewage has discharged onto the highway, and Department of Public Works crews have refused to work along those sections of the road. Construction of a 14 million dollar sewer system has been proposed to correct the .problems, at an estimated cost of $689 per household. Buzzards Bay Excessive discharges of nitrogen in coastal embayments cause "eutrophication," or greatly increased growth of seaweeds and macroalgae. This growth blocks sunlight and takes up much of the oxygen in the water, killing many species of fish and shellfish. In Buzzard's Bay alone, 10 embayments are currently threatened by nitro- gen pollution from human sewage. Prepared by the Massachusetts Department of Environmental Protection, Public Affairs Office, One Winter Street, Boston, MA 02108, December 1994. Department of Environmental Protection Addresses William,X. Wall Experiment Station• Office of Watershed Managements Millbury Training Center 37 Shattuck Street P.O. Bax 116 Route 20 DEP One WlosstteorrESl4,a� reet •1: Lawrence, MA 01843 N. Gratton, MA 01536-0116 Millbury, MA 01527 Boston, MA treat Fax: 508.688-0352 Telephone: 508.792.7470 Telephone: 508.756-7281 Boston, Division of Environmental Anatysis Fax: 508.839-3469 Fax: 508.755-9253 Fax: 617-556 7-29 Telephone: 508-682-5237 Residuals Sludge Management TDD: 617-574-6668 Air Ouality Surveillance Telephone: 508.752-8648 Telephone: 508-975.1138 WWT Operator Certification Telephone: 508-756.2214 Worcester, MA 01605 Telephone: 508-792-7650 Fax: 508-792-7621 TOO: 508.767-2788 Acton Adana Bohan Hamddan Wnroe Pltwtd TYn'O'em HubbAmsM Apsnm conwaY XYtock M)napm PYMed Waks Wen Shmb Aloin LunmrolM Wnko Moreerry IAbwpomery R1chr" Rwe Womack Durenbk 'Amhrs wnM Wwlry MM;M RmNI WaIl las North BrMtlled Athheld Sept Dell Essthmpton Xatn XiredW Moue WeshI4.1 Sudsted wartlul Y Bekrem.' East Loromador Holand Nw Ashto,d Savvy wavied WekVunrDtoo DEP Western Region Bemudnon Eoremonl W"" New Wnoorouph Shred woosonrolwa 436Dwi 9 M Street 'J Bb"J"WI Erving HudDrotM Nw5416th North Adams Srettsaw shulsabuy Wed stodbs)P Suite 402 SnrHletl Bockland Roel Gk LAmsbuoupl Ler Nonmmgdn Souhil Whtely Springfield, MA 01103 Wrkmonl Goshen ll NonMek Dnnoe South rosin Soulwkk WEbrWun WIMmsEuro Lakeville, MA 02347 pesye rye My Levered au Spell YYlaarmtwn Telephone: 413.784-11 DO Chester Gra'sp' Leyden �nAll� Paymplon SloekMdpe WeAce Fax: 413-784.1149 ChsMist; Great BArmpon Loewmkdo,. Palate Pethm Srederkad WraNkrolM Fax: 508.947-6557 picom, G keniek Ludlow PON Job d ' Ckn¢buro lucky Mdweo Worcester, MA 01605 Telephone: 508-792-7650 Fax: 508-792-7621 TOO: 508.767-2788 Acton Cmmon HOPIMIM MiCry rtuono AshWmnAm cknon HubbAmsM 16 Mike sWNy Ashy Douglas Hooson Nw Branuke Shmb AIMI Dudley Xa1ktM NonhbcrouPh oryuoh Warehm Durenbk Untster NannktV. Southbridge Ayer East 8,004.1dLle�.atu Wallah North BrMtlled Smmu Barre Fnchrouo Leomnsu oakham ! eg - Belkrgm raarM.r Ll1MM Orford Norton Bern ryknM wmroup PkdM BIsrWMoe Blackstone Groton Mhrtmouoh .Pepmnl SLOW DORM Karwrd Wymrd - Petersham Tea los Bexwrouoh HatNck Medway PNlkpston Twrww Boylston Holden IAehM Pnrcerion Tynoftmugh Brooldieo Hopedut Mnom Royalkor, UPW ueDndoe Woman Wattkr Westborough Wegaoykson Wetelmtlkld Wooded Woftk WMerEoo Worr du . ' D1mmcNn Nein waamsen Pmrr,enawn Tsbury Abinolon muslnel Den's Gay Nod Mddleoorouoh raeynhm Into Aneboro Dlphon Gosmkl Nantucke Rehoboth Warehm A's' DvxDury Nuihx NwBeclom Roohsu Wallah Bamsable Esstmm Hencwr. North Anebwouph Rocki" West Brdpewater Berkeley Eas Bnollmitr Hanson Norton Sanel Well Boume Eason Karencn Nomet Schott West TebLey a DEP Southeast Region BrWor Edpanwn KM951M Duk BUHs seskorb Stem Wear k, WmNhm ' d Bedgwatu Famhawn LAkeYlle Drlam swnrwt YeampAA 20 Riverside Drive BeDcklm Fall Riser Wmtktl PenabmM Lakeville, MA 02347 rumor FalamNh 508.946.2700 °oNam ugh Fa�aratn When Mashes �nAll� Paymplon TeunM Telephone: Chalh Farilmoom Fax: 508.947-6557 TDD: 508-946-2795 ArmWry Clelmsom Nirohm IYMrtee Dunc1' wsimn e Amduwr Crelsea Holrook AYmesn Rl wklpok . Arington Lohassel Kul MrdWM RUOIN Wathm MBewry Ashland Concord Ioswkh MIM Al Wit~ Word Denwn uk,reme Now Ronmon WAWnd Belmont Dedlwm Inngton Whin Rowley WMwWp Dow Lnoan Natkk _ Salem ww"M 1 Beenct DrkcM Lwel Newmm Salsbury West Newbury - Boston Essex Lynn Newbury Sauget Mellon DEP Ilortheast Re%gion t • h Bodord EYemn Lymhld Nwb'Mm Sheftm weshaood 10 Commerce Way Bnimrw - Fnmrgmm AktlM Newton someMlk Slemm Waterel Brook$., Georgetown wreheser-By-ThwBes Well, M visadrglan Woburn, MA 01801 BukrVm Gloucwv Marbehetd North Ardowr swoury Wi heslor Telephone: 617-932-7600 Ckmbndge Grenland Medfield North Resdng swamosclor Tewksbury WknMoo Camon Hammon Medford korwood Woburn Fax: 617-932-7615 Carse Xanmill Melrose Peabody ToRteo TOO: 617-932-7679 Rev. 3195 INNOVATIVE/ALTERNATIVE TECHNOLOGIES FOR SUBSURFACE SEWAGE DISPOSAL QUARTERLY UPDATE NOVEMBER 1, 1995 Executive Office of Environmental Affairs Department of Environmental protection Bureau of Resource Protection Trudy Coxe, Secretary of Environmental Affairs David Struhs, Commissioner, Department of Environmental Protection Arleen O'Donnell, Assistant Commissioner John Higgins, Water Pollution Control Director also available via modem on DEP's Electronic Bulletin Board (dial 292-5546) INNOVATIVE/ALTERNATIVE TECHNOLOGIES FOR SUBSURFACE DISPOSAL QUARTERLY UPDATE: 11/95 I / A TECHNOLOGIES APPROVED FOR USE IN MASSACHUSETTS .............. 1 DESCRIPTION OF SYSTEMS CERTIFIED FOR GENERAL USE ................... 2 RECIRCULATING SAND FILTER .................................... 2 COMPOSTING TOILETS ............................................ 3 AWT BIOCLERE SYSTEM ........................................... 3 CROMAGLASS................................................... 4 ELJEN IN -DRAIN SYSTEM .......................................... 5 ENVIROCHAMBER................................................ 6 INFILTRATOR................................................... 7 RUCK SYSTEM ................................................... 7 SANECO INTERMITTENT SAND FILTER .............................. 8 APPROVED FOR PROVISIONAL USE ....................................... 9 SMITH & LOVELESS, SINGLE HOME FAST ............................. 9 DESCRIPTION OF SYSTEMS APPROVED FOR PILOTING ....................... 11 AMPHIDROME PROCESS ........................................... 11 KROFTA COMPACT CLARIFIER ..................................... 12 APPROVED I/A FOR INSTALLATION ...................................... 13 List of Innovative /Alternative Systems November 7, 1995 310 CMR 15.000: TITLE 5 I / A TECHNOLOGIES APPROVED FOR USE IN MASSACHUSETTS Title 5 of the Massachusetts Environmental Code, 310 CMR 15.000, provides regulations for the design and construction of conventional septic systems and also allows for the use of innovative and alternative technologies (I/A). A conventional system consists of: a septic tank, distribution box and leaching facility. Alternative systems are those systems which provide substitutes or alternatives for one or more of the components of a conventional system while providing the same degree of environmental and public health protection. These alternatives are becoming more widely used for cost effective upgrades of old failing systems on difficult sites which can not accommodate a conventional system. I/A technologies also hold promise for enhanced wastewater treatment for new construction in environmentally sensitive areas or for sites where conventional systems simply don't function properly. CERTIFIED FOR GENERAL USE Recirculating Sand Filter AWT Bioclere Composting Toilets (Biolet-XL, Carousel Model 80A, Clivus Multrum, Compost Toilet Systems 410, 710, 1010, SunMar Excel, SunMar WC Multrum) Cromaglass Eljen In -Drain EnviroChamber- Infiltrator, RUCK Saneco Intermittent Sand Filter APPROVED FOR PROVISIONAL USE AWT Bioclere Smith and Loveless Single Home FAST Smith and Loveless Modular FAST REMEDIAL USE APPROVAL Recirculating Sand Filter Composting Toilets (see above) AWT Bioclere Saneco Intermittent Sand Filter Smith and Loveless Single Home and Modular FAST APPROVED FOR PILOTING Amphidrome Process Cromaglass KROFTA Compact Clarifier Page: 1 List of Innovative /Alternative Systems November 7, 1995 DESCRIPTION OF SYSTEMS CERTIFIED FOR GENERAL USE RECIRCULATING SAND FILTER Description: enhanced wastewater treatment, nitrogen reduction Typically a recirculating sand filter (RSF) has a septic tank, a recirculation tank and pump, and an underdrained open sand filter. Effluent from the septic tank is collected in the recirculating tank, where it is mixed with the effluent returned from the sand filter. The mixture is periodically pumped onto the sand filter and evenly distributed over the filter surface. A drain line, at the bottom of the sand collects the sand filter effluent and returns it by gravity to the recirculating tank (or if the tank is full, to the leaching field). Design standards for RSFs can be obtained from the Department. Any registered professional engineer or registered sanitarian should be able to design a complying system. Status: Certif ed for General Use when designed in accordance with Department guidance for use in nitrogen sensitive and private well areas. For systems less than 2,000 gallons per day, in areas subject to nitrogen loading limitations, the allowable loading is 550 gallons per day per acre. Approved for Remedial Use with Title 5 system. In addition to the soils described in 310 CMR 15.242, it can be used in soils of 60 to 90 minutes per inch with a loading rate of 0.15 gpd per sq. ft. The following can be reduced: *50% reduction of the leaching field, or *2' reduction of the groundwater separation or *2' reduction of the requirement for four feet of naturally occurring soil. Approval Process: 1. Where a conventional Title 5 system can be installed on the property: Disposal System Construction Permit from the local approving authority. No application to DEP required, unless DEP variances to Title 5 are needed in which case apply to the regional office of DEP using application form BRP WP 59b. 2. In areas subject to the Nitrogen limitations of Title 5: For systems greater than 2,000 gallons per day (GPD), Disposal System Construction Permit from the local approving authority and application form BRP WP 57 to the Regional Office of DEP. For systems less than 2,000 gallons per day no application to DEP is required, unless DEP variances to Title 5 are needed in which case apply to the regional office of DEP using application form BRP WP 59b. 3. Remedial situations: Disposal System Construction Permit from the local approving authority. No application to DEP is required for each installation, provided that the application and use of the technology is consistent with any conditions established by the Department and the new Code. If DEP variances are needed, apply to the Regional Office of DEP using application form BRP WP 59b. Page: 2 List of Innovative /Alternative Systems November 7, 1995 COMPOSTING TOILETS Description: composting toilet, reduced leaching field In composting toilets human waste is separated and decomposed in a composter for treatment. A disposal system is still needed for greywater. Status: Certified for General Use for new construction and Remedial Use. If there is greywater discharge or a discharge from a drain equipped with a garbage grinder, a septic tank and a leaching facility are required. A filter system specifically approved by the Department can be used instead of the septic tank. For new construction or expansions the installed leaching facility may be reduced by 40% where a system in full compliance with Tide 5 could otherwise be installed. For Remedial Use an existing cesspool may be used as leaching pit, provided that the cesspool is pumped and cleaned, is not located in groundwater, meets the design criteria of 310 CMR 15.253 and the effluent loading requirements of Title 5 are satisfied. Approval Process: 1. Where a conventional Title 5 system can be installed on the property: Disposal System Construction Permit from the local approving authority. No application to DEP required, unless DEP variances to Title 5 are needed in which case apply to the Regional Office of DEP using application form BRP WP 59b. 2. In areas subject to the nitrogen limitations of Title 5: Disposal System Construction Permit from the local approving authority. There is no nitrogen removal credit established as yet therefore the loading on the lot cannot exceed 440 gallons per day per acre. 3. Remedial situations: Disposal System Construction Permit from the local approving authority. If within the authority of Local Upgrade Approval, no application to DEP is required. If DEP variances are needed, apply to the Regional Office of DEP using application form BRP WP 59b. AWT BIOCLERE SYSTEM AWT Environmental, Inc., P.O. Box 4085, New Bedford, MA 02740 Tel. (508) 994-6712 Description: enhanced wastewater treatment, nitrogen reduction The Bioclere units utilize a trickling filter concept for wastewater treatment. The unit is added to a conventional system between the septic tank and the soil absorption system. The filter consists of a bed of highly permeable plastic media to which microorganisms are attached and through which septic tank effluent is trickled. The base of the unit serves as a final settling basin which discharges to a traditional leaching area. Nitrified effluent from the settling basin can be returned (pumped) to the septic tank for passive denitrification. Status: The Bioclere system is Certified for General Use when used in conjunction with an otherwise fully complying Title 5 system. Page: 3 List of Innovative /Alternative Systems November 7, 1995 The Bioclere system is Approved for Provisional Use with a complete Title 5 system, as an equivalent to a Recirculating Sand filter for systems 2,000 to 10,000 gpd in Nitrogen Sensitive Areas. For new construction of systems less than 2,000 gpd, in areas subject to nitrogen loading limitations of Title 5, the allowable loading is 660 gallons per day per acre. Existing 2 bedroom homes in these areas can expand to 3 bedrooms if the lot is at least 10,000 sq. ft. or to 4 bedrooms if the lot is at least 15,000 sq. ft. Existing 3 bedroom homes can expand to 4 bedrooms if the lot is at least 15,000 sq. ft. Approved for Remedial Use with Title 5 system. In addition to the soils described in 310 CMR 15.242, it can be used in soils of 60 to 90 minutes per inch with a loading rate of 0.15 gpd per sq. ft. The following can be reduced: "50% reduction of the leaching field, or *2' reduction of the groundwater separation or "2' reduction of the requirement for four feet of naturally occurring soil. Approval Process: 1. Where a conventional Title 5 system can be installed on the property: Disposal System Construction Permit from the local approving authority. No application to DEP required, unless variances to Title 5 are needed in which case apply to the regional office of DEP using form BRP WP 59b. 2. In areas subject to the nitrogen limitations of Title 5: Disposal System Construction Permit from the local approving authority and DEP approval. If DEP variances are needed, apply to the Regional Office of DEP using application form BRP WP 59b. If DEP variances are not needed, send a copy of the application to the local approving authority together with a supplemental transmittal form (you can get a copy of the form from the manufacturer of the system) to the Boston office of DEP. 3. Remedial situations: Disposal System Construction Permit from the local approving authority. No application to DEP is required for each installation, provided that the application and use of the technology is consistent with any conditions established by the Department and the new Code. If DEP variances are needed, apply to the Regional Office of DEP using application form BRP WP 59b. CROMAGLASS ASI, Inc., 11 School Street, P Tel. (508) 833-8856 O. Box 720, Sandwich, MA 02563 Description:enbanced wastewater treatment, nitrogen reduction The Cromaglass System is a Sequencing Batch Reactor (SBR). The unit is a fiberglass tank separated in three chambers. The raw wastewater from a building enters into the first chamber. The large particles are retained while the liquid and small particles flow through the retention screens to the second chamber. The second chamber is the primary aeration section which provides biological treatment. Agitation and mixing are provided by an aeration process. At preset intervals Page: 4 List of Innovative /Alternative Systems November 7, 1995 a batch of processed wastewater is transferred to the third chamber which acts as a settling chamber. After approximately one hour of quiescent settling a portion of the treated effluent is discharged to the soil absorption system. Status: The Cromaglass system is Certif ed for General Use when used in conjunction with an otherwise fully complying Title 5 system. The Cromaglass is Approved for Piloting with a complete Title 5 system. The applicant seeks to demonstrate that: 1. the technology is an equivalent to a Recirculating Sand filter for systems 2,000 to 10,000 gpd. For new construction of systems less than 2,000 gpd in areas subject to nitrogen loading limitations of Title 5 the allowable loading is 660 gallons per day per acre. Existing 2 bedroom homes in these areas can expand to 3 bedrooms if the lot is at least 10,000 sq. ft. or to 4 bedrooms if the lot is at least 15,000 sq. ft. Existing 3 bedroom homes can expand to 4 bedrooms if the lot is at least 15,000 sq. ft. 2.the system can function with a soil absorption system reduced by 67%. Approval Process: 1. Where a conventional Title 5 system can be installed on the property: Disposal System Construction Permit from the local approving authority. No application to DEP required, unless variances to Title 5 are needed in which case apply to the regional office of DEP using form BRP WP 59b. 2. In areas subject to the nitrogen limitations of Title 5: Disposal System Construction Permit from the local approving authority and DEP approval. If DEP variances are needed, apply to the Regional Office of DEP using application form BRP WP 59b. If DEP variances are not needed, send a copy of the application to the local approving authority together with a supplemental transmittal form (you can get a copy of the form from the manufacturer of the system) to the Boston office of DEP. 3. Remedial situations: Disposal System Construction Permit from the local approving authority. If within the authority of Local Upgrade Approval, no application to DEP is required. If DEP variances are needed, apply to the Regional Office of DEP using application form BRP WP 59b. ELLEN IN -DRAIN SYSTEM Eljen Corporation, 15 Westwood Road, CT 06268 Tel. (203) 429-9486 Description: alternative leach field without stone The Eljen system consists of panels, each with a cuspated plastic core having channels on both sides of that core, and completely enveloped by a geotechnical fabric that is folded around and sewn closed on at least two edges. Openings at the bottom of each vertical edge of the fabric permit the Page: 5 List of Innovative /Alternative Systems November 7, 7995 insertion of a perforated pipe. It is intended to be used as a leaching system without the stone instead of a conventional leaching field. Status: The Eljen Leaching System Type B module has been Certified for General Use. When used in a trench configuration, the system provides an effective leaching area of 6.2 square feet per linear foot. Approval Process: 1. Where a conventional Title 5 system can be installed on the property: Disposal System Construction Permit from the local approving authority. No application to DEP required, unless variances to Title 5 are needed in which case apply to the regional office of DEP using form BRP WP 59b. 2. In areas subject to the nitrogen limitations of Title 5: Loading on the lot cannot exceed 440 gallons per day per acre. If used with a nitrogen reducing technology, the nitrogen credit and the approval process for that technology apply. Disposal System Construction Permit from the local approving authority. 3. Remedial situations: Disposal System Construction Permit from the local approving authority. If within the authority of Local Upgrade Approval, no application to DEP is required. If DEP variances are needed, apply to the Regional Office of DEP using application form BRP WP 59b. ENVIROCHAMBER Hancor, Inc., 401 Olive Street, P.O. Box 1047, Findlay, OH 45839 Tel. (419) 422-6521 Description: alternative leach field without stone The EnviroChamber is an open bottom leaching chamber molded from high density polyethylene. It is intended to be used without stone instead of a conventional leaching field. Status: The EnviroChamber has been Certified for General Use. When used in a trench configuration, each standard chamber provides an effective leaching area of 26.04 square feet and each high capacity chamber 32.29 square feet. Approval Process: 1. Where a conventional Title 5 system can be installed on the property: Disposal System Construction Permit from the local approving authority. No application to DEP required, unless variances to Title 5 are needed in which case apply to the regional office of DEP using application form BRP WP 59b. 2. In areas subject to the Nitrogen limitations of Title.5: Loading on the lot cannot exceed 440 gallons per day per acre. If used with a nitrogen. reducing technology, the nitrogen credit and the Page: 6 List of Innovative /Alternative Systems November 7, 1995 approval process for that technology apply. Disposal System Construction Permit from the local approving authority. 3. Remedial situations: Disposal System Construction Permit from the local approving authority. If within the authority of Local Upgrade Approval, no application to DEP is required. If DEP variances are needed, apply to the Regional Office of DEP using application form BRP WP 59b. INFILTRATOR Infiltrator Systems, 4 Business Park Rd, Old Saybrook, CT 06475 Tel. (800) 221-4436 Description: alternative leach field without stone The Infiltrator unit is an open bottom leaching chamber molded from high density polyethylene. It is intended to be used without stone instead.of a conventional leaching field. Status: The High Capacity Infiltrator Chamber has been Certified for General Use. When used in a trench configuration, each chamber provides an effective leaching area of 28.12 square feet. Approval Process: 1. Where a conventional Title 5 system can be installed on the property: Disposal System Construction Permit from the local approving authority. No application to DEP required, unless variances to Title 5 are needed in which case apply to the regional office of DEP using application form BRP WP 59b. 2. In areas subject to the Nitrogen limitations of Title 5: Loading on the lot cannot exceed 440 gallons per day per acre. If used with a nitrogen reducing technology, the nitrogen credit and the approval process for that technology apply. Disposal System Construction Permit from the local approving authority. 3. Remedial situations: Disposal System Construction Permit from the local approving authority. If within the authority of Local Upgrade Approval, no application to DEP is required. If DEP variances are needed, apply to the Regional Office of DEP using application form BRP WP 59b. RUCK SYSTEM Holmes & McGrath, Inc., 200 Main Street, Falmouth, MA 02540 Tel. (800) 874-7373 Description: enhanced wastewater treatment, nitrogen reduction The RUCK System is designed to treat domestic sewage by means of parallel septic tanks (receiving gray water and black water, separately), a nitrifying (RUCK) filter and a conventional subsurface Page: 7 List of Innovative /Alternative Systems November 7, 1995 leaching system with the intent of treating the effluent from the nitrifying sand filter by mixing it with gray water to promote denitrification in the leaching, area. Status: Certifed for General Use for residential flows under 2,000 gallons per day. For new construction in areas subject to the nitrogen loading limitations of Title 5, loading on the lot cannot exceed 660 gallons per day per acre. Existing 2 bedroom homes in these areas can expand to 3 bedrooms if the lot is at least 10,000 sq. ft. or to 4 bedrooms if the lot is at least 15,000 sq. ft. Existing 3 bedroom homes can expand to 4 bedrooms if the lot is at least 15,000 sq. ft. Approval Process: 1. Where a conventional Title 5 system can be installed on the property: Disposal System Construction Permit from the local approving authority. No application to DEP required, unless variances to Title 5 are needed in which case apply to the regional office of DEP using application form BRP WP 59b. 2. In areas subject to the Nitrogen limitations of Title 5: Disposal System Construction Permit from the local approving authority. If variances to Title 5 are needed apply to the regional.office of DEP using application form BRP WP 59b. 3. Remedial situations: Disposal System Construction Permit from the local approving authority. If within the authority of Local Upgrade Approval, no application to DEP is required. If DEP variances are needed, apply to the Regional Office of DEP using application form BRP WP 59b. SANECO INTERMITTENT SAND FILTER Saneco, Inc., Box 9B, 65 Eastern Avenue, Essex, MA 01929 Tel. (508) 768-3840 Description: enhanced wastewater treatment Intermittent sand filters are beds of medium to coarse sands, usually 24 to 36 inches deep and underlain with gravel containing underdrains. Effluent from the septic tank is intermittently applied to the surface and purification of the effluent occurs as it infiltrates and percolates through the sand bed. Underdrains. collect the filtrate and convey it to the leaching field. Status: Certified for General Use when installed with a complete Title 5 system. Approved for Remedial Use with Title 5 system. In addition to the soils described in 310 CMR 15.242, it can be used in soils of 60 to 90 minutes per inch with a loading rate of 0.15 gpd per sq. ft. The following can be reduced: *50% reduction of the leaching field, or *2' reduction of the groundwater separation or *2' reduction of the requirement for four feet of naturally occurring soil. Page: 8 List of Innovative /Alternative Systems Approval Process: November 7, 1995 1. Where a conventional Title 5 system can be installed on the property: Disposal System Construction Permit from the local approving authority. No application to DEP required, unless variances to Title 5 are needed in which case apply to the regional office of DEP using application form BRP WP 59b. 2. In areas subject to the Nitrogen limitations of Title 5: Loading on the lot cannot .exceed 440 gallons per day per acre. If used with a nitrogen reducing technology, the nitrogen credit and the approval process for that technology apply. Disposal System Construction Permit from the local approving authority. 3. Remedial situations: Disposal System Construction Permit from the local approving authority. No application to DEP is required for each installation, provided that the application and use of the technology is consistent with any conditions established by the Department and the new Code. If DEP variances are needed, apply to the Regional Office of DEP using application form BRP WP 59b. APPROVED FOR PROVISIONAL USE SMITH & LOVELESS. SINGLE HOME FAST Smith & Loveless, Inc., 14040 Santa Fe Trail Drive, Lenexa, KS 66215. Tel. (913) 888-5201 Description: enhanced wastewater treatment, nitrogen reduction The single home FAST process (Fixed Activated Sludge Treatment) consists of a primary settling zone and an aerobic biological zone. Solids are trapped in the primary zone where they settle. In the aerobic zone, the bacteria colony attaches itself to the surface of a submerged media bed and feeds on the sewage as it circulates. Status: The Single Home FAST system is Approved for Provisional Use with a complete Title 5 system with flows of up to 550 gallons per day. For new construction in areas subject to nitrogen loading limitations of Title 5 the allowable loading is 660 gallons per day per acre. Existing 2 bedroom homes in these areas can expand to 3 bedrooms if the lot is at least 10,000 sq. ft. or to 4 bedrooms if the lot is at least 15,000 sq. ft. Existing 3 bedroom homes can expand to 4 bedrooms if the lot is at least 15,000 sq. ft. Approved for Remedial Use with Title 5 system. In addition to the soils described in 310 CMR 15.242, it can be used in soils of 60 to 90 minutes per inch with a loading rate of 0.15 gpd per sq. ft. The following can be reduced: *50% reduction of the leaching field, or *2' reduction of the groundwater separation or *2' reduction of the requirement for four feet of naturally occurring soil. Page: 9 List of Innovative /Alternative Systems Approval Process: November 7, 1995 1. Where a conventional Title 5 system can be installed on the property: Disposal System Construction Permit from the local approving authority and DEP approval. If DEP variances are needed, apply to the Regional Office of DEP using application form BRP WP 59b. If DEP variances are not needed, send a copy of local application together with a supplemental transmittal form (you can get a copy of the form from the manufacturer of the system) to the Boston office of DEP. 2. In areas subject to the Nitrogen limitations of Title 5: Disposal System Construction Permit from the local approving authority and DEP approval. If DEP variances are needed, apply to the Regional Office of DEP using application form BRP WP 59b. If DEP variances are not needed, send a copy of the application to the local approving authority together with a supplemental transmittal form (you can get a copy of the form from the manufacturer of the system) to the Boston office of DEP: 3. Remedial situations: Disposal System Construction Permit from the local approving authority. No application to DEP is required for each installation, provided that the application and use of the technology is consistent with any conditions established by the Department and the new Code. If DEP variances are needed, apply to the Regional Office of DEP using application form BRP WP 59b. SMITH & LOVELESS, MODULAR FAST Smith & Loveless, Inc., 14040 Santa Fe Trail Drive, Lenexa, KS 66215. Tel. (913) 888-5201 Description: enhanced wastewater treatment, nitrogen reduction For more details see above Status: The Modular FAST system is Approved for Provisional Use with a complete Title 5 system, as an equivalent to a Recirculating Sand filter for systems 2,000 to 10,000 gpd. For new construction of systems less than 2,000 gpd in areas subject to nitrogen loading limitations of Title the allowable loading is 660 gallons per day per acre. Existing 2 bedroom homes in these areas can expand to 3 bedrooms if the lot is at least 10,000 sq. ft. or to 4 bedrooms if the lot is at least 15,000 sq. ft. Existing 3 bedroom homes can expand to 4 bedrooms if the lot is at least 15,000 sq. ft. Approved for Remedial Use with Title 5 system. In addition to the soils described in 310 CMR 15.242, it can be used in soils of 60 to 90 minutes per inch with a loading rate of 0.15 gpd per sq. ft. The following can be reduced: *50% reduction of the leaching field, or *2' reduction of the groundwater separation or *2' reduction of the requirement for four feet of naturally occurring soil. Page: 10 List of Innovative /Alternative Systems Approval Process: November 7, 1995 1. Where a conventional Title 5 system can be installed on the property: Disposal System Construction Permit from the local approving authority and DEP approval. If DEP variances are needed, apply to the Regional Office of DEP using application form BRP WP 59b. If DEP variances are not needed, send a copy of local application together with a supplemental transmittal form (you can get a copy of the form from the manufacturer of the system) to the Boston office of DEP. 2. In areas subject to the Nitrogen limitations of Title 5: Disposal System Construction Permit from the local approving authority and DEP approval. If DEP variances are needed, apply to the Regional Office of DEP using application form BRP WP 59b. If DEP variances are not needed, send a copy of local application together with a supplemental transmittal form (you can get a copy of the form from the manufacturer of the system) to the Boston office of DEP. 3. Remedial situations: Disposal System Construction Permit from the local approving authority. No application to DEP is required for each installation, provided that the application and use of the technology is consistent with any conditions established by the Department and the new Code. If DEP variances are needed, apply to the Regional Office of DEP using application form BRP WP 59b. DESCRIPTION OF SYSTEMS APPROVED FOR PILOTING AMPHIDROME PROCESS Tetra Technologies, Inc., D.L. Clark Building, 503 Martindale, Pittsburgh, PA 15212 Tel. (412) 321-7400 Description: enhanced wastewater treatment, nitrogen reduction The Amphidrome Process makes use of an innovative configuration of Tetra Technologies's Colox and Denite processes. Colox is an upflow, packed bed, aerobic biological treatment process. It utilizes primarily fixed -film bacteria attached to the surface of a granular media. The media has a high specific surface area for the attachment of the bacteria. This allows the development of a high density of biomass in a very small space. As a result the hydraulic detention time is significantly reduced and the solids retention time is quite long. The Denite filter system is a columnar biological denitrification process which employs microorganisms growing on the fixed surfaces of the filter media to convert oxidized nitrogen in the wastewater to gaseous nitrogen under anoxic conditions. In order to accelerate the denitrification reaction, a carbon source is added to the nitrified wastewater to supply the energy and carbon required by the denitrifiers. Status: The Amphidrome Process is Approved for Piloting with a complete Title 5 system. The applicant seeks to demonstrate that the technology is an equivalent to a Recirculating Sand filter for systems 2,000 to 10,000 gpd. For new construction of systems less than 2,000 gpd in areas subject to nitrogen loading limitations of Title 5 the allowable loading is 660 gallons per day per acre. Page: 11 List of Innovative /Alternative Systems November 7, 1995 L. Existing 2 bedroom homes in these areas can expand to 3 bedrooms if the lot is at least 10,000 sq. ft. or to 4 bedrooms if the lot is at least 15,000 sq. ft. Existing 3 bedroom homes can expand to 4 bedrooms if the lot is at least 15,000 sq. ft. Approval Process: Disposal System Construction Permit from the local approving authority and DEP approval. If DEP variances are needed, apply to the Regional Office of DEP using application form BRP WP 59b. If DEP variances are not needed, send a copy of local application together with a supplemental transmittal form (you can get a copy of the form from the manufacturer of the system) to the Boston office of DEP. KROFTA Compact Clarifier Lenox Institute of Water Technology 101 Yokun Avenue, Lenox, MA 01240 Tel (413) 637-3025 Description: enhanced wastewater treatment, nitrogen reduction The KCC 5-2.25 compact water clarification system is a waste water clarifier capable of flows up to 5 gallons per minute. The KCC clarifier combines the technology of flotation with sand filtration in a compact package to provide additional removal of waste water contaminants discharged by traditional septic tanks. The system contains a self automated control panel which operates both the filtration process and a periodic backwash allowing the system to clean itself. Status: The KROFTA Compact Clarifier is Approved for Piloting with a complete Title 5 system. The applicant seeks to demonstrate that the technology can improve clarification of a septic tank effluent in order to reduce TSS, phosphorous, nitrate and BODS. Approval Process: Disposal System Construction Permit from the local approving authority and DEP approval. If DEP variances are needed, apply to the Regional Office of DEP using application form BRP WP 59b. If DEP variances are not needed, send a copy of local application together with a supplemental transmittal form (you can get a copy of the form from the manufacturer of the system) to the Boston office of DEP. Page: 12 List of Innovative /Alternative Systems Date 10/95 APPROVED I/A FOR INSTALLATION November 7, 1995 SYSTEM TOWN/CITY TYPE OF FACILITY FLOW (gpd) ATLAS GREASE RECOVERY HALIFAX RESTAURANT - ATLAS GREASE RECOVERY HINSDALE NURSING HOME 8600 ATLAS GREASE RECOVERY LENOX RESTAURANT - ATLAS GREASE RECOVERY ORLEANS RESTAURANT - ATLAS GREASE RECOVERY PEMBROKE RESTAURANT - ATLAS GREASE RECOVERY ROCKLAND RESTAURANT - ATLAS GREASE RECOVERY SUDBURY SCHOOL ATLAS GREASE RECOVERY TYNGSBORO SCHOOL 5100 BIOCLERE ASHBURNHAM REST HOME 4160 BIOCLERE CHATHAM SINGLE HOUSE 4 BDR 440 BIOCLERE COHASSET SUPERMARKET 3463 BIOCLERE COHASSET SINGLE HOUSE 4 BDR 480 BIOCLERE COHASSET SUPERMARKET 7000 BIOCLERE DENNISPORT RESTAURANT 8085 BIOCLERE EAST BRIDGEWATER NURSING HOME 12000 BIOCLERE EAST FALMOUTH SINGLE HOUSE 5 BDR 550 BIOCLERE FAIRHAVEN MULTI HOUSE 10 BD 1400 BIOCLERE FALMOUTH SINGLE HOUSE 3 BDR 330 BIOCLERE FALMOUTH SINGLE HOUSE 3 BDR 330 BIOCLERE FALMOUTH SINGLE HOUSE 3 BDR 330 BIOCLERE GLOUCESTER SINGLE HOUSE 4 BDR 440 BIOCLERE GLOUCESTER MULTIP HOUSE 5 BDR 550 BIOCLERE GROTON SINGLE HOUSE 2 BDR 220 Page: 13 List of Innovative /Alternative Systems November 7, 1995 BIOCLERE HANOVER OFFICE BUILDING 8000 BIOCLERE HARWICH MULTI HOUSE 27 BDR 2970 BIOCLERE HARWICH SINGLE HOUSE 3 BDR 330 BIOCLERE HARWICH SINGLE HOUSE 3 BDR 330 BIOCLERE HINGHAM SINGLE HOUSE 3 BDR 660 BIOCLERE LEVERETT SINGLE HOUSE 3 BDR 330 BIOCLERE LINCOLN SINGLE HOUSE 3 BDR 330 BIOCLERE LUNENBURG SINGLE HOUSE 4 BDR 440 BIOCLERE MANCHESTER SINGLE HOUSE 5 BDR 550 BIOCLERE MARSHFIELD RESTAURANT 3150 BIOCLERE MASHPEE SINGLE HOUSE 5 BDR 550 BIOCLERE MASHPEE SINGLE HOUSE 4 BDR 440 BIOCLERE MASHPEE SINGLE HOUSE 4 BDR 440 BIOCLERE MASHPEE SINGLE HOUSE 3 BDR 330 BIOCLERE POCASSET SINGLE HOUSE 4 BDR 440 BIOCLERE ROCKPORT MULTIP HOUSE 7 BDR 770 BIOCLERE SANDWICH MULTI HOUSE 5 BDR 550 BIOCLERE SHARON SINGLE HOUSE 3 BDR 330 BIOCLERE SHARON SINGLE HOUSE 3 BDR 330 BIOCLERE SOUTH YARMOUTH SUPERMARKET 3500 BIOCLERE SOUTH YARMOUTH SINGLE HOUSE 4 BDR 440 BIOCLERE TRURO COMMERCIAL COMPLEX 1120 BIOCLERE WAYLAND MULTI HOUSE 8 BDR 880 BIOCLERE WELLFLEET SINGLE HOUSE 3 BDR 330 BIOCLERE WEST YARMOUTH SINGLE HOUSE 3 BDR 330 BIOCLERE WESTFORD COMPLEX 96 BDR 10560 Page: 14 Page: 15 BIOCLERE WESTFORD MULTI HOUSE 96 BDR 10560 BIOCLERE YARMOUTH ANIMAL HOSPITAL 1400 CAROUSEL COMPOSTER COHASSET SINGLE HOUSE 4 BDR 330 CAROUSEL COMPOSTER WELLFLEET SINGLE HOUSE 3 BDR 330 CLIVUS MULTRUM COMPOSTER CONCORD PUBLIC PARK 65 CLIVUS MULTRUM COMPOSTER EASTHAM SINGLE HOUSE 3 BDR 198 CLIVUS MULTRUM COMPOSTER GAY HEAD MULTIPURPOSE BUILD 705 CLIVUS MULTRUM COMPOSTER ROWLEY SINGLE HOUSE 2 BDR 220 CLIVUS MULTRUM COMPOSTER SOUTH WELLFLEET CAMPGROUND 2875 CLIVUS MULTRUM COMPOSTER WELLFLEET SINGLE HOUSE 3 BDR 330 CROMAGLASS HARVARD SINGLE HOUSE 6 BDR 660 ELJEN IN -DRAIN DUXBURY SINGLE HOUSE 4 BDR 440 ELJEN IN -DRAIN DUXBURY SINGLE HOUSE 4 BDR 440 ELJEN IN -DRAIN DUXBURY MULTI HOUSE 6 BDR 660 FAST BARNSTABLE SINGLE HOUSE 4 BDR 440 FAST COHASSET SINGLE HOUSE 3 BDR 360 FAST COHASSET SINGLE HOUSE 3 BDR 330 FAST COHASSET SINGLE HOUSE 3 BDR 330 FAST COHASSET SINGLE HOUSE 4 BDR 440 FAST COHASSET SINGLE HOUSE 4 BDR 440 FAST COHASSET SINGLE HOUSE 4 BDR 440 FAST COHASSET SINGLE HOUSE 3 BDR 330 FAST HINGHAM SINGLE HOUSE 5 BDR 1000 FAST SHARON ELDERLY HOUSING 9900 Page: 15 Page:16 GEO FLOW SOUTHBOROUGH OFFICE BUILDING 234 INTER SAND FILTER HOLLAND SINGLE HOUSE 4 BDR 440 INTER SAND FILTER MONSON SINGLE HOUSE 5 BDR 550 INTER SAND FILTER MONTEREY SINGLE HOUSE 3 BDR 330 INTER SAND FILTER STURBRIDGE SINGLE HOUSE 3 BDR 330 INTER SAND FILTER WEST BOYLSTON SINGLE HOUSE 3 BDR 330 INTER SAND FILTER WEST NEWBURY SINGLE HOUSE 3 BDR 330 PEAT FILTER COTUIT SINGLE HOUSE 2 BDR 220 PEAT FILTER COTUIT SINGLE HOUSE 2 BDR 220 PEAT FILTER EASTHAM AUDITORIUM 255 PEAT FILTER FAIRHAVEN SINGLE HOUSE 3 BDR 350 PEAT FILTER OSTERVILLE SINGLE HOUSE 5 BDR 550 PEAT FILTER POCASSET SINGLE HOUSE 2 BDR 220 PEAT FILTER TISBURY OFFICE 102 RECIR SAND FILTER BOURNE SINGLE HOUSE 2 BDR 220 RECIR SAND FILTER CHILMARK SINGLE HOUSE 3 BDR. 330 RECIR SAND FILTER COHASSET SINGLE HOUSE 5 BDR 600 RECIR SAND FILTER FAIRHAVEN SINGLE HOUSE 2 BDR 250 RECIR SAND FILTER GLOUCESTER SINGLE HOUSE 3 BDR 330 RECIR SAND FILTER GLOUCESTER SINGLE HOUSE 4 BDR 440 RECIR SAND FILTER GLOUCESTER SINGLE HOUSE 3 BDR 330 RECIR SAND FILTER SHIRLEY MULTI HOUSE 136 BD 14960 RECIR SAND FILTER STURBRIDGE MULTI HOUSE 24 BDR 2640 RECIR SAND FILTER WELLFLEET MULTI HOUSE 28 BDR 3080 RUCK FALMOUTH SINGLE HOUSE 3 BDR 330 RUCK LUNENBURG MULTI HOUSE 10000 TERRAFILTER STURBRIDGE SINGLE HOUSE 3 BDR 330 TERRAFILTER STURBRIDGE SINGLE HOUSE 4 BDR 440 Page: 16 Page: 17 WISCONSIN MOUND HOLLISTON SINGLE HOUSE 3 BDR 330 WISCONSIN MOUND LINCOLN SINGLE HOUSE 3 BDR 330 Page: 17 WIIIiam F. Weld Gocanwr Argsu Paul Cellucci U. Caawwmc, Commonwealth of Massachusetts Executive Office of Environmental Affairs Department of Environmental Protection SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PART A CERTIFICATION - Property Address: Address of Owner. Date of Inspection: (If different) Name of Inspector. Company Name, Address and Telephone Number. ,IAN 2 519961 Trudy Coxe seaslary David B. Struhs Commissioner CERTIFICATION STATEMENT I certify that I have personally inspected the sewage disposal system at this address and that the information reported below is true, accurate and complete as of the time of inspection. The inspection was performed based on my training and experience in the proper function and maintenance of on-site sewage disposal systems. The system: _ Passes _ Conditionally Passes _ Needs Further Evaluation By the Local Approving Authority Fails Inspector's Signature: Date: The System Inspector shall submit a copy of this inspection report to the Approving Authority within thirty (30) days of completing this inspection. If the system is a shard system or hall a design flow of 10,000 gpd or greater, the inspector and the system owner shall submit the report to the appropriate regional office of the Department of Environmental Protection. The original should be sent to the system owner and copies sent to the buyer, if applicable and the approving authority. INSPECTION SUMMARY: Check A, B, C, or D: A] SYSTEM PASSES: I have not found any information which indicates that the system violates any of the failure criteria as defined in 310 CMR 15.303. Any failure criteria not evaluated are indicated below. . B] SYSTEM CONDITIONALLY PASSES: One or more system components. need to be replaced or repaired. The system, upon completion of the replacement or repair, passes inspection. Indicate yes, no, or not determined (Y, N, or ND). Describe basis of determination in all instances. If "not determined", explain why not) The septic tank is metal, cracked, structurally unsound, shows substantial infiltration or exfiltration,.or tank failure is imminent. The system will pass inspection if the existing septic tank is replaced with a Fonforming septic tank as approved by the Board of Health. (revised 11/03/95) One Winter Street a Boston, Massachusetts 02106 a FAX (617) 556.1049 a Telephone (611) 292.5560 0 Printed on Recycled Paper . 2 - SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PART A CERTIFICATION (oontinued) - Property Addeeex . Owner. Date of Inspection: - B) SYSTEM CONDITIONALLY PASSES (continued) Sewage backup or breakout or high static water level observed in the distribution box is due to broken or obstructed pipe(s) or due to a broken, settled or uneven distribution box. The system will pass inspection if (with approval of the Board of Health): broken pipe(s) are replaced obstruction is removed distribution box is levelled or replaced The system required pumping more than four times a year due to broken or obstructed pipe(c). The system will pass inspection if (with approval of the Board of Health): broken pipe(s) are replaced obstruction is removed Cl FURTHER EVALUATION IS REQUIRED BY THE BOARD OF HEALTH: Conditions exist which require further evaluation by the Board of Health in order to determine if the system is failing to protect the public health, safety and the environment. 1) SYSTEM WILL PASS UNLESS BOARD OF HEALTH DETERMINES THAT THE SYSTEM IS NOT FUNCTIONING IN A MANNER WHICH WILL PROTECT THE PUBLIC HEALTH AND SAFETY AND THE ENVIRONMENT, Cesspool or privy is within 50 feet of a surface water Cesspool or privy is within 50 feet of a bordering vegetated wetland or a salt amrsh. 2) SYSTEM WILL FAIL UNLESS THE BOARD OF HEALTH (AND PUBLIC WATER SUPPLIER, IF APPROPRIATE) DETERMINES THAT THE SYSTEM IS FUNCTIONING IN A MANNER THAT PROTECT THE PUBLIC HEALTH AND SAFETY AND THE ENVIRONMENT: The system has a septic tank and soil absorption system and is within 100 feet to a surface water supply or tributary to a surface water supply. . The system has a septic tank and soil absorption system and is within a Zone I of a public water supply well. The system has a septic tank and soil absorption system and is within 50 feet of a private water supply well. The system has a septic tank and soil absorption system and is less than 100 feet but 50 feet or more from a private water supply well, unless a well water analysis for coliform bacteria and volatile organic compounds indicates that the well is free from pollution from that facility and the presence of ammonia nitrogen and nitrate nitrogen is equal to or las than 5 ppm. S) OTHER (revised 11/03/95) SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PART A CERTIFICATION (oontinued) Property Addreee: Owner. Date of Inspection: D) SYSTEM FAILS: I have determined that the system violates one or more of the following failure criteria as defined in 310 CMR 15.303. The basis for this determination is identified below. The Board of Health should be contacted to determine what will be necessary to correct the failure. Backup of sewage into facility or system component due to an overloaded or clogged SAS or cesspool. Discharge or ponding of effluent to the surface of the ground or surface waters due to an overloaded or clogged SAS or cesspool. Static liquid level in the distribution box above outlet invert due to an overloaded or clogged SAS or cesspool. Liquid depth in cesspool is less than 6" below invert or available volume is less than 1/2 day (low. Required pumping more than 4 times in the last year NOT due to clogged or obstructed pipe(s). Number of tithes pumped Any portion of the Soil Absorption System, cesspool or privy is below the high groundwater elevation. Any portion of a cesspool or privy is within 100 feet of a surface water supply or tributary to a surface water supply. Any portion of a cesepool or privy is within a Zone I of a public well. Any portion of a cesspool or privy is within 50 feet of a private water supply well. Any portion of a cesspool or privy is leas than 100 feet but greater than 50 feet from a private water supply well with no acceptable water quality analysis. If the well has been analyzed to be acceptable, attach copy of well water analysis for coliform bacteria, volatile organic compounds, ammonia nitrogen and nitrate nitrogen. E) LARGE SYSTEM FAILS: The following criteria apply to large systems in addition to the criteria above: The system serves a facility with a design flow of 10,000 gpd or greater (Large System) and the system is a significant threat to public health and safety and the environment because one or more of the following conditions exist: the system is within 400 feet of a surface drinking water supply the system is within 200 feet of a tributary to a surface drinking water supply the system is located in a nitrogen sensitive area (Interim Wellhead Protection Area (IWPA) or a mapped Zone Il of a public water supply well) The owner or operator of any such system shall bring the system and facility into full compliance with the groundwater treatment program requirements of 314 CMR 5.00 and 6.00. Please consult the local regional office of the Department for further information.. (revised 11/03/95) SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PART B CHECKLIST Property Addrem- Owner. Date of Inspeetion: Check if the following have been done: _ Pumping information was requested of the owner, occupant, and Board of Health. _ Now of the system components have been pumped for at least two weeks and the system bas been receiving normal now Mtge during that period. Large volumes of water have not been introduced into the system recently or as part of this inspection. _ As built plans have been obtained and examined. Note if they are not available with N/A. _ The facility or dwelling was inspected for signs of sewage back-up. _ The system does not receive non -sanitary or industrial waste flow _ The sitewas inspected for signs of breakout. _ All system components, excluding the Soil Absorption System, be" been located on the site. _ The septic tank manholes were uncovered, opened, and the interior of the septic tank was inspected for condition of baffles or tess, materiel of construction, dimensions, depth of liquid, depth of sludge, depth of scum. _ The size and location of the Soil Absorption System on the site has been determined based on existing information or approximated by non -intrusive methods. . _ The facility owner (and occupants, if different from owner) were provided with information on the proper maintenance of Sub - Surface Disposal System. (revised 11/03/95) SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PART C SYSTEM INFORMATION Property Address: Owner. Date of Inspection: FLOW CONDITIONS RESIDENTIAL: Design flow:______gallona Number of bedrooms:_ Number of current residents:_ Garbage grinder (yes or no):_ Laundry connected to system (yes or no):_ Seasonal use (yes or no):_ Water meter readings, if available: Inst date of occupancy COMMERCIAL/INDUSTRW,: Type of establishment: Design flow:_gallons/day Grease trap present: (yes or no)_ Industrial Waste Holding Tank present: (yes or no)_ Non -sanitary waste discharged to the Title 5 system: (ves or no) Water meter readings, if available: Lest date of occupancy: OTHER: (Describe) Lest date of occupancy: GENERAL INFORMATION PUMPING RECORDS and source of information: System pumped as part of inspection: (yes or no)_ If yes, volume pumped:.. eallons Reason for pumping TYPE OF SYSTEM Septic tank/distribution box/mil absorption system Single cesspool Overflow cesspool Privy Shared system (yes or no) (if yes, attach previous inspection records, if any) Other (explain) APPROXIMATE AGE of all components, date installed (if known) and source of information: Sewage odors detected when arriving at the site: (yes or no) (revised 11/03/95) SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PART C SYSTEM INFORMATION (continued) Property Address: Owner. Date of Inspection: SEPTIC TANK_ (locate on site plan) Depth below Bede:_ Material of construction: _concrete _metal _FRP _other(ezplam) Sludge depth: Distancefromtop of dodge to bottom of outlet tee or baffle:_ Scum thickness: Distance from top of scum to top of outlet tee or baffle: Distance from bottom of scum to bottom of outlet tee or baffle: Comments: (recommendation for pumping, condition of inlet and outlet tees or baffles, depth of liquid level in relation to outlet invert, structural integrity, evidence of leakage, etc.) GREASE TRAP:_ (locate on site plan) Depth below Bade:_ . Material of construction: _concrete metal _FRP --other(explain) Scum thidmess: Distance from top of scum to top of outlet tee or bathe:_ Distance from bottom of scum to bottom of outlet tee or baffle: Comments: (recommendation for pumping, condition of inlet and outlet tees or battles, depth of liquid level in relation to outlet invert, structural integrity, evidence of leakage, etc.) (revised 11/03/95) SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PART C SYSTEM INFORMATION (continued) Property Addroee: Owner. Date of Inspection: TIGHT OR HOLDING TANR:_ (locate on site plan) Depth below grade:_ Material of construction: _concrete _metal _FRP —other(explain) Dimensions: Capacity: gallons Design flow: nllons/day Alarm level: Comments: (condition of inlet tee, condition of alarm and float switches, etc.) DISTRIBUTION BOX:_ (locate on site plan) Depth of liquid level above outlet invert: Comments: (note if level and distribution is equal, evidence of solids carryover, evidence of leakage into or out of boa, PUMP CHAMBER:_ (locate on site plan) Pumps in working order:(yes or no)_ Comments: (note condition of pump chamber, condition of pumps and appurtenances, etc.) (revised 11/03/95) SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PART C SYSTEM INFORMATION (continued) Property Address: Owner. Date of Inspection: SOIL ABSORPTION SYSTEM (SAS): (locate on site P18A if passible; excavation not required, but may be approximated by non -intrusive methods) If not determined to be present, explain: Type: leeching pits, number:_ leaching chambers, number:_ leaching galleries, number: leaching trenches, number,length: leeching fields, number, dimensions: overflow cesspool, number: Comments: (note condition of soil, signs of hydraulic failure, level of ponding, condition of vegetation,etc. CESSPOOLS: _ (locate on site plan) Number and configuration: Depth -top of liquid to inlet invert: Depth of solids layer: Depth of scum layer: Dimensions of cesspool: Materials of construction: Indication of groundwater: inflow (cesspool must be pumped as part of inspection) Comments: (note condition of soil, signs of hydraulic failure, level of ponding, condition of vegetation, etc.) PRIVY: _ (locate on site plan) Materials of construction: Dimensions: Depth of solids: Comments: (note condition of soil, signs of hydraulic failure, level of ponding, condition of vegetation, etc. (revised 11/03/95) SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PART C SYSTEM INFORMATION (continued) Property Address: Owner. Date of Inspection: SKETCH OF SEWAGE DISPOSAL SYSTEM: include ties to at )east two permanent references landmarks or benchmarks locate all wells within 100' DEPTH TO Depth to groundwater. feet method of determination or approximation: (revised 11/03/95) ,n �\ COMMONWEALTH OF MASSACHUSETTS , PA fA � I� EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTIIENT OF ENVIRONMENTAL PROTECTION ' JO V 2 1996- ONE WINTER STREET, BOSTON MA 02108 (817) 2924500' <. t s Y OF AF &j F;rf$3 CEf'T. WUJ1W F. WELD TRUDY CORE Oowemr 86=4111:11tP9 ARGZO PAUL CELLUCCI DAVID B. STRUHS Is. 0ammr Ccmmifil� October 23 1996 310 Clot 15.000: TITLE 5 I / A TECHNOLOGIES APPROVED FOR USE IN MASSACHUSETTS Title 5 of the Massachusetts Environmental Code, 310 CMR 15.000, provides regulations for the design and construction of conventional septic systems and also allows for the use of innovative and alternative technologies (I/A). A conventional system consists of: a septic tank, distribution box and leaching facility. Alternative systems are those systems which provide substitutes or alternatives for one or more of the components of a conventional system while providing the same degree of environmental and public health protection. These alternatives are becoming more widely used for cost effective upgrades of old failing systems on difficult sites which can not accommodate a conventional system. I/A technologies also hold promise for enhanced wastewater treatment for new construction in environmentally sensitive areas or for sites where conventional systems simply don't function properly. Title 5 establishes a three-tiered process for I/A technologies: piloting, provisional and general use. The purpose of a Piloting Approval is to provide field testing and technical demonstration that the technology can effectively and provide equivalent degree of environmental protection to a Title 5 system at the alternat4.ve design standards proposed by the applicant. No more ;:1.=:n 15 systems can be installed stacewide under a piloting approval. Provisional Use is intended to evaluate whether a technology can provide an equivalent degree of environmental protection under actual field conditions in Massachusetts in a broader setting than a controlled pilot environment. A minimum of 50 systems installed under provisional approval will have to be monitored. Technologies approved for piloting or provisional use can only be installed on remedial sites or for new construction where a system in full compliance with Title 5 could be built or where a sewer is available. If the technology does not perform as expected the owner of the system will have to replace it with a Title 5 system, with a technology approved for General Use or connect the facility to the sewer. 0 Printed an R¢yded Paper List of Innovative / Alternative Systems October 23, 1996 p APPLICATIONS ADMINISTRATIVE COMPLETE AND CURRENTLY UNDER REVIEW The Department is currently reviewing the following applications: Technology Applicant Type Biodiffuser Biodiffuser, Topsham, ME Provisional Biolet Biolet, Concord, MA Remedial Clivus Composter Clivus New England, North Andover, MA Remedial Clivus Greywater System Clivus New England, North Andover, MA Provisional Cycle -Let Zenon, Ann Arbor, MI Provisional Envirochamber Hancor, Findley, OH Provisional Equalizer Norman Gavin, Yalesville, CT General Use Flowlink Filter Flowlink, Olympia, WA General Use Gloucester RSF City of Gloucester, MA Remedial Infiltrator Infiltrator, Inc., Old Saybrook, CT Provisional ISF DEP General Use: Jet Aerobic Treatment Plant Stephen Nelson, Rockland, MA Remedial Jet Sand Filter Stephen Nelson, Rockland, MA Remedial Orenco ISF Saneco, Inc., Essex, MA Provisional Orenco Shallow Trench Saneco, Inc., Essex, MA General Use Peat Filter DEP General Use RSF DEP General Use Tuf-Tite Tuf-rite, Wauconda, IL General Use Wash Water Garden Sustainable Strategies, Concord, MA General Use Waterloo Biofilter Econet, Ipswich, MA Provisional Singulair Siegmund Environmental Services, Providence, RI General Wisconsin Mound DEP General Use Hydrogen Peroxide MA Association of Sewage Pumping Contractors Remedial • The Department has issued a piloting Approval to Singulair which is not in effect as it is under appeal. Page: 3 List of Innovative / Alternative Systems October 23, 1996 the technology is consistent with any conditions established by the Department and the new Code. If DEP variances are needed, apply to the Regional Office of DEP using application form BRP WP 59b. Page: 5 List of Innovative / Alternative Systems October 23, 1996 " V AMPHIDROME PROCESS Tetra Technologies, Inc., D.L. Clark Building, 503 Martindale, Pittsburgh, PA 15212 Tel. (412) 321-7400 Description: enhanced wastewater treatment, nitrogen reduction The Amphidrome Process makes use of an innovat-',re configuration of Tetra Technologies's Colox and Denite processes. Colox is an upflow, packed bed, aerobic biological treatment process. It utilizes primarily fixed -film bacteria attached to the surface of a granular media. The media has a high specific surface area for the attachment of the bacteria. This allows the development of a high density of_biomass in a very small space. As a result.the hydraulic detention time is significantly reduced and the solids retention time is quite long. The Denite filter system is a columnar biological denitrification process which employs microorganisms growing on the fixed surfaces of the filter media to convert oxidized nitrogen in the wastewater to gaseous nitrogen under anoxic conditions. In order to accelerate the denitrification reaction, a carbon source is added to the nitrified wastewater to supply the energy and carbon required by the denitrifiers. Status: The Amphidrome Process is Approved for Piloting with a complete Title 5 system. The applicant seeks to demonstrate that: 1. the technology is an equivalent to a Recirculating Sand filter for systems 2,000 to 10,000 gpd. For new construction of systems less than 2,000 gpd in areas subject to nitrogen loading limitations of Title 5 the allowall''a loading is 660 gallons per day per acre. Existing 2 bedroom homes in these areas can expand to 3 bedrooms if the lot is at least 10,000 sq. ft. or to 4 bedrooms if the lot is at least 15,000 sq. ft. Existing 3 bedroom homes can expand to 4 bedrooms if the lot is at least 15,000 sq. ft. '2. the system can function with a reduced soil absorption system: Approval Process: Disposal System Construction Permit from the local approving authority and DEP approval. If DEP variances are needed, apply to the Regional Office of DEP using application form BRP WP 59b. If ,DBP variances are not needed, send a copy of local application together with a supplemental transmittal form (you can get a copy of the form from the manufacturer of the system) to the Boston office of DEP. Page: 7 Wet of Innovative / Alternative Systems October 23, 1996 the Regional Office of DEP using application form BRP WP 59b. If DEP variances are not needed, send a copy of.the application to the local approving authority together with:a supplemental transmittal form (you can get a copy of the form from the manufacturer of the system) to the Boston office of DEP. 3. Remedial situations: Disposal System Construction Permit from the local approving authority. No application to DEP is required for each installation, provided that the application and use of the technology is consistent with any conditicr.j established by the Department and the new Code. If DEP variances are needed, apply to the Regional Office of DEP using application form BRP WP 59b. Page: 9 'TI List of Innovative / Alternative Systema October 23, 1996 transmittal form (you can get a copy of the form from the manufacturer of the system) to the Boston office of DEP. 3. Remedial situations: Disposal System Construction Permit from the local approving authority. If within the authority of Local Upgrade Approval, no application to DEP is required. If DEP variances are needed, apply to the Regional Off-.ce of DEP using application form SRP WP 59b. Page: 11 List of Innovative / Alternative Systems October 23, 1996 ELMM IN -DRAIN SYSTEM Eljen Corporation, 15 Westwood Road, Stors,.CT 06268 Tel. (203) 429-9486 Description: alternative leach field without stone The Eljen leaching system consists of In -Drain, each constructed of recycled cuspated plastic core, both large and small, and a high grade non -woven biofabric. The biofabric is continuous and wrapped over and under each piece of plastic core. Each In -Drain unit is banded using high strength plastic strapping to a final dimension, 3'Wx4"Lx7"H. In -Drain units are placed on top of 6" of concrete sand end to end and the distribution pipe is placed directly on top, of the units. The system is then covered with a geotextile fabric. It is intended to be used as a leaching system without the stone instead of a conventional soil absorption system. Status: The Eljen Leaching System Type B module has been Certified for General Use. When used in a trench configuration, the system provides an effective leaching area of 6.2 square feet per linear foot. Approval Process: 1. Where a conventional Title 5 system can be installed on the property: Disposal System Construction Permit "tom the local approving authority. No application to DEP required, unless variances to Title 5 are needed in which case apply to the regional office of DEP using form BRP WP 59b. 2. In areas subject to the nitrogen limitations of Title 5: Loading on the lot cannot exceed 440 gallons per day per acre. If used with a nitrogen reducing technology, the nitrogen credit and the approval process for that technology apply. Disposal System Construction Permit from the local approving authority. 3. Remedial situations: Disposal System Construction Permit from the local approving authority. If within the authority of Local Upgrade Approval, no application to DEP is required. If DEP variances are needed, apply to the Regional Office of DEP using application form BRP WP 59b. Page: 23 List of Innovative / Alternative Systems October 23, 1996 INFILTRATOR Infiltrator Systems, 4 Business Park Rd, Old Saybrook, CT 06475 Tel. (800) 221-4436 Description: alternative leach field without stone The Infiltrator unit is an open bottom leaching chamber molded from high density polyethylene. It is intended to be used without stone instead of a conventional leaching field. Status: The High Capacity Infiltrator Chamber has been Certified for General Use. When used in a trench configuration, each chamber provides an effective leaching area of 28.12 square feet. Approval Process: 1. Where a conventional Title 5 system can be installed on the property: Disposal System Construction Permit from the local approving authority. No application to DEP required, unless variances to Title 5 are needed in which case apply to the regional office of DEP using application form BRP WP 59b. 2. In areas subject to the Nitrogen limitations of Title 5: Loading on the lot cannot exceed 440 gallons per day per acre. If used with a nitrogen reducing technology, the nitrogen credit and the approval process for that technology applv. Disposal System Construction Permit from the local approving au6hority. 3. Remedial situations: Disposal System Construction Permit from the local approving authority. If within the authority of Local Upgrade Approval, no application to DEP is required. If DEP variances are needed, apply to the Regional Office of DEP using application form BRP WP 59b. Page: 15 List of Innovative / Alternative Systems October 23, 1996 PSA BIODIFFUSSR PSA, Inc., PO Box 77, 139 Main Street, Topsham, MA 04086 Tel. (207) 725-9366 Description: alternative leach field without stone The BioDiffuser unit is an open bottom leaching chamber molded from high density polyethylene. It is intended to be used without stone instead of a conventional leaching field. Status: The Standard Model BioDiffuser Chamber has been certified for General Use. When used in a trench configuration, each chamber provides an.effective leaching area of 27.44 square feet. Approval Process: 1. Where a conventional Title 5 system can be installed on the property: Disposal System Construction Permit from the local .approving authority. No application to DEP required, unless variances to Title 5 are needed in which case apply to the regional office of DEP using application form BRP WP 59b. 2. In areas subject to the Nitrogen limitations of Title 5: Loading on the lot cannot exceed 440 gallons Fez day per acre. If used with a nitrogen reducing technology, the nitrogen credit and the approval process for that technology apply. Disposal System Construction Permit from the local approving authority. 3. Remedial situations: Disposal System Construction Permit from the local approving authority. if within the authority of Local Upgrade Approval, no application to DEP is required. If DEP .:.variances are needed, apply to the Regional Office of DEP using .. application form BRP WP 59b. Page: 17 I List of Innovative / Alternative Systems October 23, 1996 SANECO INTERMITTENT SAND FILTER Saneco, Inc., Box 9B, 65 Eastern Avenue, Essex, MA 01929 Tel. (508) 768-3840 Deseription: enhanced wastewater treatment Intermittent sand filters are beds of medium to coarse sands, usually 24 to 36 inches deep and underlain with gravel containing underdrains. Effluent from the septic tank is intermittently applied to the surface and purification of the effluent occurs as it infiltrates and percolates through the sand bed. Underdrains collect the filtrate and convey it to the leaching field. Status: Certified for General.Use when installed with a complete Title 5 system. Approved for Remedial Use with Title 5 system. In addition to the soils described in 310 CMR 15.242, it can be used in soils of 60 to 90 minutes per inch with a loading rate of 0.15 gpd per sq.' ft. The following can be reduced: * 50% reduction of the leaching field, or * 2' reduction of the groundwater separation or + 2' reduction of the requirement for four feet of naturally occurring soil. Approval Process: 1. Where a conventional Title 5 system can be installed on the property: Disposal System Construction Permit from the local approving authority. No application to DEP required, unless variances to Title 5 are needed in which case apply to the regional office of DEP using application form BRP WP 59b. 2. In areas subject to the Nitrogen limitations of Title 5: Loading on the lot cannot exceed 440 gallons per day per acre. If used with a nitrogen reducing technology, the nitrogen credit and the approval process for that technology apply. Disposal System Construction Permit from the local approving authority. 3. Remedial°situations: Disposal System Construction Permit from the local approving authority. No application to DEP is required for each installation, provided that the application and use of the technology is consistent with any conditions established by the Department and the new Code. If DEP variances are needed, apply to the Regional office,of DEP using application form BRP WP 59b. Page: 19 List of Innovative / Alternative Systems October 23, 1996 transmittal form (you can get a copy of the form from the manufacturer of the system) to the Boston office of DEP. 3. Remedial situations: Disposal System Construction Permit from the local approving authority. No application to DEP is required for each installation, provided that the application and use of the technology is consistent with any conditions established by the Department and the new Code. If DEP variances are needed, apply to the Regional Office of DEP using application form BRP WP 59b. Page: 21 List of Innovative / Alternative Systems October 23, 1996 office of DEP. ` 3. Remedial situations: Disposal System Construction Permit from the local approving authority. No application to DEP is required for each installation, provided that the application and use of the technology is consistent with any conditions established by the Department and the new Code. If DEP variances are needed, apply to the Regional office of DEP using application form BRP WP 59b. Page: 23 1'rovu1onalApproval ormallyApP yang to To obtain provisional approval` for the technology Once you have determined which`type of approval 4 Alternative$ IDr. YOU want to use; you will need io provide evidence`' - you can make a good case for, submit the ' that it has been successfully pilot tested or ' informarion.you have collected along with the s On-site( approved for general use in one.or More States... �'. `' appropriate permit application form and fee to Provisionalapproval clears the way for broader DEP s Division of Water Pollution Control, One Wastewater. testing `under actual field conditions in Winter -Street, 8th Floor; Boston; MA 02108.- Massachusetts, of those alternative systems that "'. DEP will weigh, the technical merits of your, 'proposal Treatment appear technically capable of performing.at least as and, solong as you have provided all well as standard on-site systems. pertinent data, the agenry,will issue a dectsio-n.t0 System$- you'as quickly as possible. If your proposal. is General Use Approval complete,and.meets the guidelines in Title 5. for innovative and alternative technologies,,irwill be The technology you are proposing can be. approved �: Getting them approved for general. use if you are able to prove" that it has been equivalent or superior to=a Title 5 `, For more information approved in system in 20 percent or more of the cases m which „-" MaSSaChUSetiS it has been approved for provisional use:,' ',' If you want the, specifics about the renew and ` F Supporting data can be from Massachusetts of approval process read Tide 5 (3 10 CMR 15.000 t :. other stales with comparable geography and } especially sections 15.281,througli 15 289):' pot weather. An innovative of alternative iediitology '". answers to your quescions;'wiite DEP's Division that is"approved for general use will be allowed ' of Water Pollution Control at the'above address or tf anywhere toMassachusetts when site or soil { . call (61� 292-5912 condutons,warrant. > `, �,'` \ Js Remedial Use Approval'; f Under the new rules; DEP can approve an-. The Commonwealth of innovativeor alternative'technology for remedial Massachusetts' We to improve conditions at existing sites served by conventional systems that have failed,;are in the: k;, process of failing orsimply do not meet state. f standards.'An approval' for remedial use'should be viewed as a stopgap, measure; notes an indication . , that the technology in quesuorn will ultimately be T, approved by the agency for provisional orgeneral use r Code t -d �10 o " '''safeguard'd cesspools'ai for builders `for innovative, A convinti treatment t distrib - u - t1d " 4 -connecting an he Departmeni-ofaviro*nment more of the'components that make up a"--, V-4 revised itsClean ean Ei system, bi provi eequ or. etter*,, `Protection recently, r a , I conventional sys in, ut, environmental and public health pr6ieaiori.,�', _Wateiciules;4 ontained-mi'.Ti&Sof.'�:' Gerler, in - I . -1 , . ., ''I - -widely6- ed 't�iMamic[iiisettiEnviroiiin6nial� T-�hese'altern,,ati.vesare:b,&oxiiing midreused CMR- 15'.000), -, not only to further - cbst-e'ffectIv,e'tipiiaa��'oi6ider; failing.systems,_ _'AsofSepi estate's water resources sfirorn failing- and -ori�iit6di�itcamnotaccomr�odite,conventionA promulgated its Tide 5J&W.6ns_,;:wo,_,'_.' Pi .1ior.4p rova "Septic'systems',�blu't to in eiteasier ak,' 2k systems d - ue tc sofl'�c6nditiiins, setback better conventional 'a[ technologies had been e - ternative tec and homeiiiifierrto obtain approval ,k- , re4uireiheritsor.o;ther*consciaiii6.-,,Iiiribv-ati-veand4 *H eedio-pooduce-tech in testing, you Wi "n f, "in Maiiachusett, approved or general. use s: independent testing organizations from independent domestic wastewater jn "d new an alternative technologies also 6an'pi6vide, ;".l the -review and app,rv_ ar l' o" -f-* - 1�1 _� UMU composting - -toilets , and , ---those technologiesand , ways was ewa er�trea�tntsolutors f�r riew� -equal I with Title 5.,, Information, obtained in accordance recffcu atingsan filters that meet the - -,-,"durui'grP-ilot'testing`wiU reveal whether -the system.-' e, Y,r : -"i constructiod,iri.envirohmehtillys enstt ive areas, agency s guidelines To learn about the oval septic system is a tirne_ 7provenstatus and at those -sites where conventional systems; " of other technol6jies; call, DEP s, ethnology that.,consiks of a septic tank," on,i work Division of,Water polltition,contro a ' n box aid1eachng faciiiyWhen A 0 ' ' 7 toa sewer line isnot an GeM?g tare L �2 ... septic system t that meets the - "b for aninnovative or To obi -.EJP N :e-stan ar of I e.5 is "., e revised Title 3 establishes i'rhree-- tiered - -review approval 41ternative technology, , '11.have to do some - sn't always possible.';n.s Xss for DEP of innovative and 1, n­Y? homework, Collect as much i r t I as poor soil conditions 017: native system- s',' leading to their approval _611 as you.c'Yan.ecopies.ofr r iA or testing,provisional.applicationsand other- states;, testing rei'U'l third tacticale. in addition, the agency may issue -site-specific,- -independentreviews ;'perfofmance data and tdial f cchnolo gics, at are approvals for rcmo use b . 1. �.. -, - ­. I . . 11 maintenance records. How 'tit information a: n of innovative sys'te imi't CWL, e are u at-. piy''ro -improve- c`risting;c`6ruliiiiJxis' The n `bI )r ijrules ­ % ..you,area etogathir',,�ill.be.oiiefact( i&,S�ubstit teis for or to -one or: d etermuninewhq eryo.iir proposal will qualily,fbr ` th pe =piloting ; g. provisional or gene use`'approval.. • encourage the of alternative I tec6olog;es. Pi .1ior.4p rova tharperform as we j asnqt--, better conventional 'to- for prove .�-Joiy6ur technology e approved tems; *H eedio-pooduce-tech in testing, you Wi "n d " d •provi e a clear an independent testing organizations from independent predictable frarriew6rk. for demonstrate the -review and app,rv_ ar l' o" -f-* � evaluations m ocher states -that ic_: , - , ---those technologiesand , "I I-"wi­Q:pro�iiIde*a _l_e.level de:rviro'nm.'enIta�F.;r't c-iion t aI least to [hat ofasyste _dciigrand built. • ensure continued protection. -equal I with Title 5.,, Information, obtained in accordance of public health and the; - -,-,"durui'grP-ilot'testing`wiU reveal whether -the system.-' e, Y,r h" ' the potential to:fiinction:,, e -p v, you ate as 0! proposing effectively ff av in Massa&usetts.­�,, .7rrp,�VttVE (Lx „5 +tB 1996' COMMON'"'EALTH OF MASSACHUSETTS ERECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS r' DEPARTMENT OF ENVIRONMENTAL PROTECTION ONE WINTER STREET, BOSTON MA 02108 (617) 292-5500 WILLIAM F. WELD TRUDY COXE Governor Se MM17 ARGEO PAUL CELLUCCI DAVID B. STRUHS Lt. Governor Commissioner To all Boards of Health Re: Title 5, 310 CMR Clarification of 310 CMR 15.251(5) Dear Board of Health Member: As you may have notices soil absorption system 15.251(5) of Title 5 a! letter is to provide specifications for piF leaching trenches, leas January 30, 1996 15.000 % Distribution Line Specification by now, there are errors contained in the pipe specifications described in 310 CMR it was promulgated. The purpose of this clarification of the acceptable material es to be used for distribution lines in hing beds, and leaching fields. The Department would like to provide the following clarification: Distribution lines for leaching trenches as referenced in 310 CMR 15.251(5) and for leaching beds and fields as referenced in 310 CMR 15.252 (2) (h) , shall be constructed of either polyvinyl chloride (PVC), acrylonitrile - butadiene -styrene (ABS), or high density polyethylene (HDPE). PVC pipe shall be schedule 40 General Purpose Sewer Pipe (ASTM D 1785), schedule 40 Drain, Waste and Vent Pipe (ASTM D 2665) or SDR 35 PVC Gravity Sewer Pipe and Drain Pipe (ASTM D 3034). ABS pipe shall be schedule 40 (ASTM F 628). HDPE pipe shall meet or exceed ASTM F 810 for Smoothwall Polyethylene Pipe for use in Drainage and Waste Disposal Fields. The above is intended to clarify references to acceptable types of pipe and the ASTM standards which should apply to each type of pipe. Please note that smoothwall HDPE pipe is acceptable. The ASTM standard (ASTM F 810) for smoothwall HDPE pipe was included in the original regulation, but it was incorrectly referenced for ABS pipe without any reference to HDPE. The ASTM standard which should have been referenced for ABS pipe is ASTM F 628 and not ASTM F 405 or ASTM F 810. ASTM F 405 was inadvertently included in the regulation and is not considered acceptable since this specifies corrugated polyethylene coil pipe which is difficult to lay true to line and grade. Ci Printed on RecyelM N,, E :The above clarification, stated in bold, is also intended to address another inaccuracy of 310 'CMR"15.251(5)`wh ch `presently ._states, "PVC -schedule 35 NSF may be -used -'for systems designed for less than 2,000 gpd and where no -vehicular traffic is.anticipated." As stated in bold above, please note that the correct reference should be 'SDR 35 PVC Gravity Sewer Pipe and Drain Pipe (ASTM D 3034)1. Concerning any proposed installation of systems over 2,000 gpd or where vehicular traffic cannot be avoided, it appears that SDR 35 PVC sewer pipe may be acceptable when properly installed, but the regulation does not allow for it at present. As a general consideration for any pipe material where vehicular traffic cannot be avoided, the Department recommends the designer provide documentation that the proposed pipe with the proposed bed ling and cover can take H2O wheel marls. Until such time as 15.251(5) is revised, hopefully this letter provides some interim guidance on soil absorption system distribution pipe specifications. The Department would like to encourage you to share this information with local designers and installers. If you have questions or comments on this letter, please don't hesitate to contact this office. yours, hn J. HiggiKs, Direc vision of Water Poll ion Control cc: Regional Offices all X-,170 ./ w 4/op2 1N �t Ti`T�c � SyS%�M Commonwealth of Massachusetts Executive Office of Environmental Affairs Department of Environmental Protection Division of water Pollution Control One winter Street, 8th floor Boston, MA 02108 Phone # 508-756-2214 APPLICATION FOR SYSTEM INSPECTOR System Inspectors who perform inspections pursuant to 310 CMR 15.301 shall be: (a) Massachusetts Registered Professional Engineers with a concentration in civil, sanitary or environmental engineering; Massachusetts Registered Sanitarians; or Certified Health Officers; or (b) Board of Health members of agents, Engineers in Training (EIT certified) with a concentration in civil, sanitary or environmental engineering, professional home inspectors, licensed septage haulers or system installers, or other individuals with a minimum of one year of demonstrated experience in septic system inspection, who have attended training provided or authorized by the Department; and who have passed as 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 15.34-(2). Please read all questions carefully and answer fully. Application must be filled out completely where applicable. (1] Type or print clearly in ink only. (2] ATTACH RECENT PHOTO WITH FACE NOT LESS THAN ONE INCH WIDE, OR A XEROX COPY OF DRIVER'S LICENSE MAY BE USED. PLEASE NOTE THIS IS A MANDATORY REQUIREMENT. Please provide applicant's qualification from above and attach all supporting documentation. CERTIFICATION City or Town Board of Health OR LICENSE # member/agent A TTA C;. H PICTURE �8 APPLICANT'S NAME DATE OF BIRTH SOCIAL SECURITY #: ADDRESS ma, o.v me apmde TELEPHONE NUMBER PLEASE COMPLETE THIS APPLICATION I (PRINT), do solemnly swear (affirm) that all the information presented in this.application is true in substance and effect. SIGNATURE (SIGN) DATE: FOR OFFiCLW USE ONLY RECEIVED L� I DATEAPPR YES OR NO I APPROVAL BY STATUS & COMMENTS I CERTIFICATION CATION F EI-- .,Co=monwealth.,of Massachusetts Executive-Of£ice-.of Environmental. Affairs Department of Environmental Protection Division of Water Pollution Control One Winter Street, 8th floor - Boston, MA 02108 Phone # 508-756-2214 APPLICATION FOR SYSTEM INSPECTOR - System Inspectors who perform inspections pursuant to 310 CMR 15.301 shall be: (a) Massachusetts Registered Professional Engineers with a concentration in civil, sanitary or environmental engineering; Massachusetts Registered.Sanitarians; or Certified Health Officers; or (b) Board of Health members of agents, Engineers in Training (EIT certified) with a concentration in civil, sanitary or environmental engineering, professional home inspectors, licensed septage haulers or system installers, or other individuals with a minimum of one year of demonstrated experience in septic system inspection, who have attended training provided or authorized by the Department; and who have passed as 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 15.34-(2). Please read all questions carefully and answer fully. Application must be filled out completely where applicable. FS] Type or print clearly in ink only. E2] ATTACH RECENT PHOTO WITH FACE NOT LESS TRW ONE INCH WIDE, OR A XEROX COPY OF DRIVER'S LICENSE MAY BR USED. PLEASE NOTE THIS IS A NANDATORY REQUIRM0NT.. Please provide applicant's qualification from aboveand attach all supporting documentation. CERTIFICATION OR LICENSE # APPLICANT'S NAME : DATE OF BIRTH SOCIAL SECURITY #: ADDRESS : City or Town Board of Health member/agent e.. me +ymae TELEPHONE NUMBER ( ) PLEASE COMPLETE THIS APPLICATION I, (PRINT), do solemnly swear (affirm) that all the information presented in this application is true in substance and effect. SIGNATURE (SIGN) DATE: MTZ RECEIVED 1 APPRDATE [ I APPROVAL BY YES OR NO Ill STATUS 4 COMlDIIiT3 . NUMBER CERTIFICATION I 1=1L I Clivus New England, Inc. P.O. Box 127 North Andover, MA 01845 (508) 794-9400 �+ FAX: 508-794-9444 C l 1 V u Economic Solutions Through Recycling Indoor or outdoor plant irrigation beds are an excellent way to treat greywater and can be very cost effective for small lots, high groundwater, ledge, and environmentally sensitive areas.. Clivus New England, Inc. P.O. Box 127 North Andover, MA 01845 (508) 794-9400 �+ FAX: 508-794-9444 C I I V u $� Economic Solutions Through Recycling Clivus grevwater filtering and irrigation systems when combined with composting toilets provide economical solutions to your wastewater problems. 5 ` 71[ .rte 1 n n� `'h r�.?_1r;..tt'>'^�`i..t w I lel f oft, - 0 95' (No. 23 ) 28 17z 8021 N N N N -14 2 44 a ilC 1 E ��_ ....mow.. .. N D .-� Z T_ T rl ��V �i iu N� ('+. V .. ,y .. V z 'J Ifi �S. PR 18 1997 CULTEC Massachusetts Title 5 Certification Seminar for the Installation of CONTACTORTM & RECHARGERTM Chambers for use in Septic Systems presented by Robert DiTullio, Sr., C.E.O./Designer of Cultec Products, Cultec, Inc. and Leo Lessard of Lessard Environmental Consulting. According to Massachusetts TITLE 5, it is a requirement that all Installers and Board of Health Members or Their Agent be registered and certified to install Coltec Chambers when used in septic installations under "General Use". Learn how to properly install the CONTACTORtm and RECHARGERtm polyethylene chambers and SAVE TIME AND MONEY with the HIGHEST QUALITY PLASTIC CHAMBERS AVAILABLE. Feel free to extend this invitation to any Engineer, Designer, Installer, Board of Health Member/Agent or any other interested party. A certificate of completion will be given to attendees. We look forward to seeing you there! R.S.V.P.: Leo Lessard (508)755-6914 Please R.S. V.P. as soon as possible. Limited attendance available. April 29, 1997 COMFORT INN 50 Dayton Street *Route 1 South / Center Danvers, Massachusetts (508) 777-1700 9:30AM - 12:30PM Street Exit* T" CONTACTOR: -, RECHARGER CHAMBER SYSTEMS PO, Box 2429 CONTACTOR New Preston,, CT 067.77 Board of Health 9 North Street Salem, MA 01970 m 4, iyg"I SA �.v For the Serious Treatment of On -Site Wastewater and/or Stormwater.. Give Your Customer a High Quality, Cost Effective 7'�_'Better .than pipe, stone or concrete systems=- i CULTEC systemwill save you tirn', j in6re importang.,I, til Ib Z its a• N-7 [ori its a• N-7 Some pipe manufacturers claim to offer total stormwater management but... THEIR TOTALS OO NOT COMPARE TO OURS! CULTEC chambers effectively serve environmentally sensitive areas while making valuable land available for parking lots, athletic fields and other applications. Open ponds may not be desirable for locations such as airports (which attract birds) or in areas where insurance or aestheticconsiderations-make them unfeasible. For underground stormwater management maintenance, use CULTEC STORMFILTERT". High-capacity, open bottom RECHARGER chambers provide greater storage and much higher infiltrative capability. • OVER 50% MORE STORAGE CAPACITY 30.5" �'�'9 36"" NEARLY O.D. f000TIMES GREATER D.P.'WITN RECHARGER - 52.. RECHARGER 330 30"PIPE STORAGE CAPACITY: 7.4 FT%LF - 4.9FT'/LF *DRAINAGE POTENTIAL: 9.8 FTYLF .01 FT'/LF Less area and less crushed stone is required with RECHARGER stormwater management systems. Only 360 ft. of 30 -HDPE pipe can be delivered by truckload compared to over 1700 ft. of RECHARGER 330 Chambers. • Manifolding the chambers with HDPE pipe • 0 CULTEC has the solutions to _Your septic or stormwater management prokilEms Our patented interlocking rib; connections are strong and easily installed. CULTEC's chambers are available in heavier gauge for installation under paved and trafficked ureas. 9aAlways specify CULTEC 410 FILTER K FABRIC when using CONTACTOR or RECHARGER svAems.`lt eliminates the use of crushed stone, prevents soil intrusion and promotes high: efficiency. R _, •, Shown e fLef: CULTEC 4.10 FILTER FABRIC covering CONTACTOR chambers. CULTEC - Your Wisest Choice! Whether you are limited by: high grouniwater,or, are trying to get the highest st:)rage in a given arca, CONTACTOR and RECHARGER chambers are now availablen 5Sislzes'that effectively rreetthe demands of a wide range of applications and on-site conditions. When you think of drainage, think of CULTEC:.. • AIRPORTS • AGRICULTURE • AMUSEMENT PARKS - ATHLETIC FIELDS (i.e., Baseball, Football, Soccer, PDlo. etc.) • ZAMPGROLNDS • CASINOS • COMMERCIAL COMPLEXES • DEPT. OF TRANSPORTATION • DRIVEWAYS • DRYWELLS • EROSION CONTROL - FAIRGROUNDS • F_OOR DRAINS • GARDENS • GOLF COURSES • HIGHWAY STORMWATER RECHARGE • HOMES • HOSPITALS • HOTELS/MOTELS • INDUSTRIAL • •INST=TUrIONS/COLLEGES - LA JDEILLS • LANDSCAPED AREAS • LEACHFIELDS • MUNICIPALITIES • PARKS • PARKING LOTS-• PICNIC AREAS • RESORTS REST AREAS - RESTAURnNTS - ROOF RUN-OFF • SCHOOLS • SERVICE AREAS • SKI AREAS • STADIUMS • SWIMMING POOL BACKWASH. • TENNIS COURTS: • TRACKS • TRAFFICKED AREAS TRANSFER AREAS • WATER COLLECTION FOR IRRIGATION • WETLAND PROTECTION. • REMEDIATION OF ENVIRONMENTALLY SENSITIVE AREAS sjcfi as marhlancs anc shellfish/wildlife areas. . rrrrsrs�rsrs�rnsLr���LnsL n�l� rrrrscrcr� o 5 [LIMITED WARRANTY 5 CULTEC INC. warranties the structural integrity of each CONTACTOR T' Dr RECHAFGEF unit when installed in r5 5 5 accordance w-th (our) manufacturer's instructions. r This warranty epphes to tie original purchaser against .5'5. 5 5 defective materals in workmanship for 3 years from date of purchase. Within lortyfive 145) days of an apparent 5 defect the purcl aser must nform CULTEC, INC. CULTEC, 5 5 5 INC. will supply a replacement unit. The cost of removal 5 and/or installaton of the jnitE is specifically excluded 5 5 from this warranty. Only the terms of this warranty apply. No ether is actual implied. 5 5 warranty or o Ln�l-enrL.r�rser-srsrrerr���Lr�n�u�Lr��r�nrn�.I�rrLr o CULTEC - Your Wisest Choice! Whether you are limited by: high grouniwater,or, are trying to get the highest st:)rage in a given arca, CONTACTOR and RECHARGER chambers are now availablen 5Sislzes'that effectively rreetthe demands of a wide range of applications and on-site conditions. When you think of drainage, think of CULTEC:.. • AIRPORTS • AGRICULTURE • AMUSEMENT PARKS - ATHLETIC FIELDS (i.e., Baseball, Football, Soccer, PDlo. etc.) • ZAMPGROLNDS • CASINOS • COMMERCIAL COMPLEXES • DEPT. OF TRANSPORTATION • DRIVEWAYS • DRYWELLS • EROSION CONTROL - FAIRGROUNDS • F_OOR DRAINS • GARDENS • GOLF COURSES • HIGHWAY STORMWATER RECHARGE • HOMES • HOSPITALS • HOTELS/MOTELS • INDUSTRIAL • •INST=TUrIONS/COLLEGES - LA JDEILLS • LANDSCAPED AREAS • LEACHFIELDS • MUNICIPALITIES • PARKS • PARKING LOTS-• PICNIC AREAS • RESORTS REST AREAS - RESTAURnNTS - ROOF RUN-OFF • SCHOOLS • SERVICE AREAS • SKI AREAS • STADIUMS • SWIMMING POOL BACKWASH. • TENNIS COURTS: • TRACKS • TRAFFICKED AREAS TRANSFER AREAS • WATER COLLECTION FOR IRRIGATION • WETLAND PROTECTION. • REMEDIATION OF ENVIRONMENTALLY SENSITIVE AREAS sjcfi as marhlancs anc shellfish/wildlife areas. . -0 2.2 12.5" 6"' 36" 86" Owl 25 2.2 18.. 12"" 30" 88"" 1004— "--JD 0 3.33 20.5" 14" 36"" 88"" 7.4 30.5"" 24" 52'" 90" 1 1. Invert height as determined using 4 -pipe. Larger (or smaller) pipe may be used. 2. When laying -up CULTEC interlocking'rib chambers; refer to engineering manual. , Introducing . . . CONTACTORTM FIELD DRAINS PANEL Easy to use 4' by 8' panels have an ultra low profile, only 8.5" high, practical for near surface designs. Save on fill requirements for mound systems. Well suited for use in either trench or bed design. Superior flexibility in both length and width, a four foot wide, four channel system can be easily modified to one, two or three foot channel widths. Authorized CULTEC Distributor: FO -1 CULTEC Za CULTEC USES RECYCLED MATERIALS IN THE MANUFACTURE OF ITS PRODUCTS CULTEC, Inc. 878 Federal Road,• Brookfield, CT 06804 (203)775-4416 ENGINEERING MANUAL AND AUTO CAD DISK AVAILABLE ON REQUEST. 11 i William F. Weld G" nor Trudy Core Secw'ery. EDEA Thomas B. Powers Acting Commissioner Commonwealth of Massachusetts Executive Office of Environmental Affairs Department of Environmental Protection CERTIFICATION FOR GENERAL USE Pursuant to Title 5, 310 CMR 15.000 Name and Address of Applicant: AWT Environmental Inc. 121 Alden Road Fairhaven, MA 02719 P y ►nnl 2 5 19961 Trade name of technology and model numbers: Bioclere 16, 22, 24, and 30 series Units (hereinafter the "System"). Date of Application Transmittal Number: Date of Issuance: Effective date: Expiration date: December 23, 1994 96730 March 24, 1995 March 31, 1995 March 31, 2000 Authority for Issuance Pursuant to Title 5 of the State Environmental Code, 310 CMR 15.000, the Department of Environmental Protection hereby issues this Certification for General Use to: AWT Environmental Inc., 121 Alden Road, Fairhaven, MA 02719 (hereinafter "the Company") certifying for general use in the Commonwealth of.Massachusetts of the System described herein. The Department has determined that the applicant has demonstrated that the System will provide a level of environmental protection at least equivalent to that of a standard on-site system designed and constructed in accordance with 310 CMR 15.000. Sale and use of the System are conditioned on and subject to compliance by the Company and the System owner/operator with the terms and conditions set forth below. Any noncompliance with the terms or conditions of this Certification constitutes a violation of 310 CMR 15.000. hn J. iggins, cting Director ivision of Wat@ Pollution Control 'Department of Environmental Protection _ z Date One Winter Street 0 Boston, Massachusetts 02108 0 FAX (617) 556-1049 a Telephone (617) 292-5500 Bioclere General Use Certification II P,Oge.: , 2 Design standards 1. The System shall be installed in series between the septic tank and the leaching system of a standard Title 5 system in a manner which neither intrudes on, replaces a component of, or adversely affects the operation of a Title 5 system as constructed in, accordance with 310 CMR 15.100 - 15.279, subject to the Provisions of this Certification. General Conditions 1. All provisions of, 310 CMR 15.000 are applicable to the use of this System, the owner/operator, and the Company, except those which specifically have been varied by the terms of this Certification. 2. For a System with a design flow of greater than 2,000 gallons per day (gpd), plans and specifications shall be stamped and signed by a Massachusetts Registered Professional Engineer. For a System with a design flow of 2,000 or fewer gpd, plans and specifications shall be stamped and signed by either a Massachusetts Registered Professional Engineer or a Massachusetts Registered Sanitarian. 3. Any required operation and maintenance, monitoring and testing shall be performed in accordance with a Department approved plan. Any required 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 Department's written approval. It shall be a violation of this Certification to falsify any data collected pursuant to an approved testing plan, to omit any required data or to fail to submit any report required by such plan. 4. The facility served by the System and the System .itself shall be open to inspection and sampling by the Department and the local approving authority at all reasonable times. 5. 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 as it deems necessary to protect public health, safety, welfare and the environment. 6. The owner or operator shall provide written notice of tthis rCertifaxaton„ :prior to';the.5zsigning,+.of:=a: purchase41 and;,;sal'e, agreement for��ahe fac:lity.:, served:zby. the,;:.- ' _ System or any portion 'thereof, to any new owner or - operator. 7. The Department has not determined that the performance i 1 B-joclere General Use Certification Page: 3 . of the 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. Accordingly, no new System shall be constructed, and no System shall be upgraded or expanded, except as provided for in 310 CMR 15.004 (i.e. if it is feasible to connect the facility to a sanitary sewer, a.variance as provided for in 310 CMR 15.004(4)(b) must be obtained for use of the System). 8. Design and installation shall_be in strict conformance with the Company's DEP approved plans and specifications, 310 CMR 15.000 and this Certification. III. Special Conditions applicable to the System Owner/Operator 1. The System is certified in connection with the discharge of sanitary wastewater only. Any non -sanitary wastewater generated and/or used at the facility served by the System shall not be introduced into the System and shall be lawfully disposed of. 2. If the System will be a shared system as defined by 15.002, or a part thereof, the financial assurance requirements for shared systems as may be required pursuant to 15.290 (2) shall apply. 3. Maintenance agreement: i. Throughout its life, the System shall be under a maintenance agreement. No maintenance agreement shall be for less than two years. ii. No System shall be used until a maintenance agreement and contingency plan are approved by the Department and the local approving authority which: - provides for the contracting of a person or firm competent in providing services consistent with the System's specifications and the operation and maintenance requirements specified by the design engineer and any specified by the Department; - contains procedures for notification to the Department and the local board of health within 24 hours of a System failure or alarm event and for corrective measures to be -taken immediately. - provides the name of the Massachusetts certified operator or operators that. will operate the system in accordance with Massachusetts regulations 257 CMR 2:00. 4. The owner/operator of the System shall at all times properly operate and maintain the System in accordance with the Department approved plan. 5. The owner/operator shall furnish the Department within a reasonable time any information which the Department may request to determine whether cause exists for a Bioclere General Use Certification aage:y, 4 modifying, revoking, reissuing or terminating this Certification or to determine whether the Company • and/or the owner/ operator is complying with the terms and conditions of this. Certification and 310 CMR 15.000. IV. special Conditions applicable to the Company The Company annually shall submit to the Department, by January 31 of each year, a report, signed by a corporate officer, general partner or Company owner, stating, for the previous calendar year, the number of units sold for use in Massachusetts.The list shall include at a minimum the location of each System, owner's name and address, the type of use (e.g:` residential, commercial, school, etc.) and the design .flow; all known failures, malfunctions, and corrective actions taken and the location of each such event. The Company shall notify the Director of the Division of Water Pollution Control at least thirty (30) days in advance of the proposed transfer of ownership of the technology for which this Certification is issued. The notice shall include the name and address of the new owner, the date of transfer, and the respective responsibilities of the parties relative to the System., All provisions of this Certification applicable to the • Company shall be applicable to the successors and assigns of the Company. The Company shall furnish the Department within a reasonable time any information which the Department requests to determine whether cause exists for modifying, revoking, reissuing or terminating this Certification or to determine whether the Company and/or any owner/ operator is complying with the terms and conditions of this Certification and 310 CMR 15.000. The Company shall provide any purchaser of the System with a copy of this Certification prior.to sale of the System. In any contract for distribution and/or sale of the System, the Company shall_ require the distributor or seller to provide the purchaser of the System, prior to any sale of the System, with a copy.of this Certification. If the Company wishes to use a System installed under this Certification as a piloting or provisional use demonstration site, the Company shall submit to the =Department the;•�foa•low.i.ng:, , *' t.:a<scopy `ofasthe..comp^tete;'.appl-icatinn submitted to.:::, the local' ?approving' authority, * the written approval of the local approving authority, and BioAclere General Use Certification Page: 5 * a notice that the Company wishes to use this site • as a demonstration site for their piloting or provisional use application. 6. If the Company wishes to continue this Certification after its expiration date, the Company shall apply for and obtain a renewal of this Certification. The company shall submit a renewal application at least 180.days before the expiration date of this Certification, unless written permission for a later date has been granted in writing by the Department. V. Reporting All notices and documents required to be submitted to the Department by this Certification sha11 be submitted to: Director, Division of Water Pollution Control Department of Environmental Protection One Winter Street - 8th floor Boston, Massachusetts 02108 VI. Rights of the Department • The Department may suspend, modify or revoke this Certification for cause, including, but not limited to, non- compliance with the terms of this Certification, non-payment of the annual compliance assurance fee, for obtaining the Certification by misrepresentation or failure to disclose fully all relevant facts or any change in or discovery of conditions that would constitute grounds for discontinuance of the Certification, or as necessary for the protection of public health, safety, welfare or the environment, and as authorized by applicable law. The Department reserves its rights to take any enforcement action authorized by law with respect to this Certification and/or the System against the owner or operator of the System and/or the Company. VII. Expiration date Notwithstanding the expiration date of this Certification, any System sold and installed prior to the expiration date of this Certification, and approved, installed and maintained in compliance with this Certification (as it may be modified) and 310 CMR 15.000, may remain in use unless the Department, the local approval authority, or a court requires the System to be modified or removed, or requires discharges to the System to cease. 0 Bioclere General Use Certification P,age:a6 VIII. Right of Appeal • This Certification is an action of the Department. Any person aggrieved by this action may request an adjudicatory hearing. A request for a hearing must be made in writing and postmarked within thirty (30) days of the date of issuance of this Certification. Under 310 CMR 1.01(6)(b), the request must state.clearly and concisely the facts which are the grounds for the request, and the relief sought. The hearing request along with a valid check payable to Commonwealth of Massachusetts in the amount of one hundred dollars ($100.00) must be mailed to: Commonwealth of Massachusetts Department of Environmental Protection P.O. Box 4062 Boston, MA 02211 The request will be dismissed if the filing fee is not paid, unless the appellant is exempt or granted a waiver as described below. The filing fee is not required if the appellant is a city or town (or municipal agency), county, or district of the Commonwealth of Massachusetts, or a municipal housing authority. The Department may waive the adjudicatory hearing filing fee for a person who shows that paying the fee will create an undue financial hardship. A person seeking a waiver must file, together with the hearing • request as provided above, an affidavit setting forth the facts believed to support the claim of undue financial hardship. Is 0 William F. Weld Governor Trudy Coxe s«�e�ey. eoeA Thomas B. Powers Acting Gommissione! Commonwealth of Massachusetts Executive Office of Environmental Affairs Department of Environmental Protection CERTIFICATION FOR GENERAL USE Pursuant to Title 5, 310 CMR 15.000 Name and Address of Applicant: Infiltrator Systems, Inc. 4 Business Park.Road Old Saybrook, CT 06475 Trade name of technology and model numbers: High Capacity Infiltrator Chamber. The High_Capacity Infiltrator Chamber is 34 inches wide x 75 inches long x 16 inches high and has a storage capacity of 16.3ft' (hereinafter the "System"). Date of Application: Transmittal Number: Date of Issuance: Effective date: Expiration date: December 23, 1994 96050 March 24, 1995 March 31, 1995 March 31, 2000 Authority for Issuance Pursuant to Title 5 of the State Environmental Code, 310 CMR 15.000, the Department of Environmental Protection hereby issues this Certification for General Use to: Infiltrator Systems, Inc., 4 Business Park Road, Old Saybrook, CT 06475 (hereinafter "the Company"), certifying for general use in the Commonwealth of Massachusetts of the System described herein. The Department has determined that the applicant has demonstrated that the System will provide a level of environmental protection at least equivalent to that of a standard on-site system designed and constructed in accordance with 310 CMR 15.000. Sale and use of the System are conditioned on and subect to compliance by the Company and the System owner/operator with the terms and conditions set forth below. Any noncompliance with the terms or conditions of this Certification constitutes a.violation of 310 CMR 15.000. ohn J. Higgins, Ac ing Director ivision of Water Poi`lution Control Department of Environmental Protection One Winter Street 0 Boston, Massachusetts 02108 0 FAX (617) 556-1049 Date 0 Telephone (617) 292.5500 Infiltrator General Use Certification I. Design Standards II Page: 2 v A 1-. The System shall be sized based on 34 inches wide, 75 . inches long, and 10 inches sidewall, providing an effective leaching area of 28.12 square feet per chamber. 2. 15.247: The use of aggregate is not reouired when the System is installed. 3. 15.253(6): The requirement that chamber systems installed in trench configuration be provided with inlets at intervals not to exceed 20 feet is not applicable to the System. General Conditions 1. All provisions of 310 CMR 15.000 are applicable to the use of this System, the owner/operator, and the Company, except those which specifically have been varied by the terms of this Certification. 2. For a System with a design flow of greater than 2,000 gallons per day (gpd), plans and specifications shall be stamped and signed by a Massachusetts Registered Professional Engineer. For a System with a.design flow of 2,000 or fewer gpd, plans and specifications shall be stamped and signed by either a Massachusetts Registered Professional Engineer or a Massachusetts Registered Sanitarian. 3. The facility served by the System and the System itself. • shall be open to inspection and sampling 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 as it deems necessary to protect public health, safety, welfare and the environment. 5. The owner or operator shall provide written notice of this Certification, prior to the signing of a purchase and sale agreement for the facility served by the System or any portion thereof,.to.any new owner or operator. 6. The Department has not determined that the performance of the 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. Accordingly, no new System shall be constructed, and no Sys•ter..<sh$1I zbe rupgraded}.Dr<;expanded.,.-::except,:as to connect' -the -,facilityto."a sanitary -sewer �a variance as provided for in 310 CMR 15.004(4)(b) must be obtained for use of the System). Infiltrator. General Use Certification Page: 3 7. Design and installation shall be in strict conformance with the Company's DEP approved plans and specifications, 310 CMR 15.000 and this Certification. The system shall be constructed in accordance with 310 CMR 15.100 - 15.274, subject to the provisions of this certification. III. Special Conditions applicable to the System Owner/Operator 1. The System is certified in connection with the discharge of sanitary wastewater only. Any non -sanitary wastewater generated and/or used at the facility served by the System shall not be introduced into the System and shall be lawfully disposed of. 2. The owner/operator of the System shall at all times properly operate and maintain the System. 3. The owner/operator shall furnish the Department within a reasonable time any information which the Department may request to determine whether cause exists for modifying, revoking, reissuing or terminating this Certification or to determine whether the Company and/or the owner/ operator is complying with the terms and conditions of this Certification and 310 CMR 15.000. 4. No owner/operator shall authorize or allow the installation of the System other than by a person certified to install such System. IV. Special Conditions applicable to the Company 1. The Company annually shall submit to the Department, by January 31 of each year, a report, signed by a corporate officer, general partner or Company owner, stating, for the previous calendar year, the number of units sold for use in Massachusetts. The list shall include at a minimum the location of each System, owner's name and address, the type of use (e.g. residential, commercial, school, etc.) and the design flow; all known failures, malfunctions, and corrective actions taken and the location -of each such event. 2. The Company shall notify the Director of the Division of Water Pollution Control at least thirty (30) days in advance of the proposed transfer of ownership of the technology for which this Certification is issued. The notice shall include the name and address of the new owner, the date of transfer, and the respective responsibilities of the parties relative to the System. All provisions of this Certification applicable to the Company shall be applicable to the successors and assigns of the Company. 0 Infiltrator General Use Certification Page: 4 3. Boards of Health shall be instrructed on the proper use and installation of the System and the Company shall conduct DEP approved training and certification for installers. 4. The Company shall not sell the System to distributors or installers unless they are trained and certified to install plastic chamber systems. 5. The Company shall furnish the Department within a reasonable time any information which the Department requests to determine whether cause exists for modifying, revoking, reissuing or terminating this Certification or to determine whether the Company and/or any owner/ operator is complying with the terms and conditions of this Certification and 310 CMR 15.000. 6. If the Company wishes to use a System -installed under this Certification as a piloting or provisional use demonstration site, the Company shall submit to the Department the following: * a copy of the complete application submitted to the local approving authority, * the written approval of the local approving authority, and * a notice that the Company wishes to use this site as a demonstration site for their piloting or provisional use application. 7. The Company shall provide any purchaser of the System with a copy of this Certification prior to sale of the System. In any contract for distribution and/or sale of the System, the Company shall require the distributor or seller to provide the purchaser of the System, prior to any sale of the System, with a copy of this Certification. 8. If the Companywishes to continue this Certification after its expiration date, the Company shall apply for and obtain a renewal if this Certification. The Company shall submit a renewal application at least 180 days before the expiration date of this Certification, unless written permission for a later date has been granted in writing by the Department. V. Special Conditions applicable to Installers of the System 0 1. Each Installer shall install the System in accordance with training provided by the Company. 2. No Installer shall install the System unless the �'?Lnstal'L•e;r:`.has�:+been:,jtra^isned=sand'4rcert�fied;by.the;�:Company �%,:. to;.YnstaLl the:�System`zr: , VI. Reporting 0 Infiltrator General Use Certification A Page: 5 All notices and documents required to be submitted to the • Department by this Certification shall be submitted to: Director, Division of Water Pollution Control Department of Environmental Protection One Winter Street - 8th floor Boston, Massachusetts 02108 VII. Rights of the Department The Department may suspend, modify or revoke this Certification for cause, including, but not limited to, non- compliance with the terms of this Certification, non-payment of the annual compliance assurance fee, for obtaining the Certification by misrepresentation or failure to disclose fully all relevant facts or any change in or discovery of conditions that would constitute grounds for discontinuance of the Certification, or as necessary for the protection of public health, safety, welfare or the environment, and as authorized by applicable law. The Department reserves its rights to take any enforcement action authorized by law with respect to this Certification and/or the system against the owner or operator of the System and/or the Company. VIII.Expiration date Plotwithstanding the expiration date of this Certification, any System sold and installed prior to the expiration date of this Certification, and approved, installed and maintained in compliance with this Certification (as it may be modified) and 310 CMR 15.000, may remain in use unless the Department, the local approval authority, or a court requires the System to be modified or removed, or requires discharges to the System to cease. IX. Right of Appeal This Certification is an action of the Department. Any person aggrieved by this action may request an adjudicatory hearing. A request for a hearing must be made in writing and postmarked within thirty (30) days of the date of issuance of this Certification. Under 310 CMR 1.01(6)(b), the request must state clearly and concisely the facts which are the grounds for the request, and the relief sought. The hearing request along with a valid check payable to Commonwealth of Massachusetts in the amount of one hundred dollars ($100.00) must be mailed to: Commonwealth of Massachusetts Department of Environmental Protection 0 Infiltrator General Use Certification 4 Page: 6 P.O. Box 4062 Boston, MA 02211 The request will be dismissed if the filing fee is not paid, unless the appellant is exempt or granted a waiver as described below. The filing fee is not required if the appellant is a city or town (or municipal agency), county, or district of the Commonwealth of Massachusetts, or a municipal housing authority. The Department may waive the adjudicatory hearing filing fee for a person who shows that paying the fee will create an undue financial hardship. A person seeking a waiver must file, together with the hearing request as provided above, an affidavit setting forth the facts believed to support the claim of undue financial hardship. 0 0 is • William F. Weld G.."o• Trudy Coxe sec,eiery. eoEA Thomas B. Powers A,! -,g Com.missone Commonwealth of Massachusetts Executive Office of Environmental Affairs Department of Environmental Protection CERTIFICATION FOR GENERAL USE Pursuant to Title 5, 310 CMR 15.000 Name and Address of Applicant: Eljen Corporation 15 Westwood Road Storrs, CT 06268 Trade name of technology and model numbers: Eljen In -Drain Leaching System Type B module. The Type B module is 3ft Wide x Oft long x 7" high (hereinafter the "System"). Date of Application: December 23, 1994 Transmittal Number: 98140 Date of Issuance: March 24, 1995 Effective date: March 31, 1995 Expiration date: March 31, 2000 Authority for Issuance Pursuant to Title 5 of the State Environmental Code, 310 CMR 15.000, the Department of Environmental Protection hereby issues this Certification for General Use to: Eljen Corporation, 15 Westwood Road, Storrs, CT 06268 (hereinafter "the Company"), certifying for general use in the Commonwealth,of Massachusetts of the System described herein. The Department has determined that the applicant has demonstrated that the System will provide a level of environmental protection at least equivalent to that of a standard on-site system designed and constructed in accordance with 310 CMR 15.000. Sale and use of the System are conditioned on and subject to compliance by the Company and the System owner/operator with the terms and conditions set forth below. Any noncompliance with the terms or conditions of.this Certification constitutes a violation of 310 CMR 15.000. John J. Higgins, Acting Director Division of water Pollution Control Department of Environmental Protection One Winter Street • Boston. Massachusetts 02108 • FAX (617) 556.1049 31 ��- Date 0 Telephone (617) 292-5500 Eljen In -Drain General Use Certification I. Design Standards Page: 2 1. 15.247: 6" of ASTM C33 sand shall be used under • and on the sides of the System instead of base aggregate. 2. 15.251 (1)(e): The System provides an effective leaching area of 6.2 square feet per linear foot. 3. 15.251 (9): The effluent distribution lines shall be installed level. 4. 15.254 (1)(d): If dosing is provided the septic tank effluent shall be dosed to the System 4 times per day with all types of soil. II.� General conditions 1. All provisions of 310 CMR 15:000 are applicable to the use of this System, the owner/operator, and the Company, except those which specifically have been varied by the terms of this Certification. 2. For a System with a design flow of greater than 2,000 gallons per day (gpd), plans and specifications shall be stamped and signed by a Massachusetts Registered Professional Engineer. For a System with a design flow of 2,000 or fewer gpd, plans and specifications shall be stamped and signed by either a Massachusetts Registered Professional Engineer or a Massachusetts Registered Sanitarian. 3. The facility served by the System and the System itself • shall be open .to inspection and sampling 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 as it deems necessary to protect public health, safety, welfare and the environment. 5. The owner or operator shall provide written notice of this Certification, prior to the signing of a purchase and sale agreement for the facility served by the System or any portion thereof, to any new owner or operator. 6. The Department has not determined that the performance of the 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. Accordingly, no new System shall be constructed, and no System shall be upgraded or expanded, except as .:provided• for ;,1;n,;;310,eCMR, 15.00:4, (i:.:e;: if:t tis„,.;feasibl:e to. ::connect>.the;:, facili y to a:aani'tary_ sewer, 4- varsance as provided for in"310 CMR. 1'5.004(4)(b) must be obtained for use of the System). 7. Design and installation shall be in strict conformance • Eljen In -Drain General Use Certification Page: 3 with the Company's DEP approved plans and • specifications, 310 CMR 15.000 and this Certification. The system shall be constructed in accordance.with 310 CMR 15.100 - 15.274, subject to the provisions of this certification. III. Special Conditions applicable to the System Owner/operator The System is certified in connection with the discharge of sanitary wastewater only. Any non -sanitary wastewater generated and/or used at the facility served by the System shall not be introduced into the System and shall be lawfully disposed of. The owner/operator of the System shall at all times properly operate and maintain the System. The owner/operator shall furnish the Department.within a reasonable time any information which the Department may request to determine whether cause exists for modifying, revoking, reissuing or terminating this Certification or to determine whether the Company and/or the owner/ operator is complying with the terms and conditions of this Certification and 310 CMR 15.000. No owner/operator shall authorize or allow the installation of the System other than by a person certified to install such a System. • Iv. Special Conditions applicable to the Company 1. The Company annually shall submit to the Department, by January 31 of each year, a report, signed by a corporate officer, general partner or Company.owner, stating, for the previous calendar year, the number of units sold for use in Massachusetts. The list shall include at a minimum the location of each System, owner's name and address, the type of use (e.g. _. residential, commercial, school, etc.) and the design flow; all known failures, malfunctions, and correctivez actions taken and the location of each such event. 2. The Company shall notify the Director of the Division of water Pollution Control at least thirty (30) days in advance of the proposed transfer of ownership of the technology for which this Certification is issued. The notice shall include the name and address of the new owner, the date of transfer, and the respective y responsibilities of the parties relative to the System. All provisions of this Certification applicable to the Company shall be applicable to the successors and assigns of the Company. a 3. Boards of Health shall be instrructed on the proper use and installation of the System and the Company shall conduct DEP approved training and certification for installers E Eljen In -Drain General Use Certification Page: 4 � 1 4. The Company shall not sell the System to distributors or installers unless they are trained and certified to • install the System. 5. The Company,shall furnish the Department within a reasonable time any information which the Department requests to determine whether cause exists for modifying, revoking, reissuing or terminating this Certification or to determine whether the Company and/or any owner/operator is complying with the terms and conditions of this Certification and 310 CMR 15.000. 6. If the Company wishes to use a System installed under this Certification as a piloting or provisional use demonstration site, the Company shall submit to the Department the following: * a copy of the complete application submitted to the local approving authority, * the written approval of the local approving authority, and * a notice that the Company wishes to use this site as a demonstration site for their piloting or provisional use application. 7. The Company shall provide any purchaser of the System with a copy of this Certification prior to sale of the System. In any contract for distribution and/or sale of the System, the Company shall require the distributor or seller to provide the purchaser of the System, prior • to any sale of the System, with a copy of this Certification. 8. If the Company wishes to continue this Certification after its expiration date, the Company shall apply for and obtain a renewal if this Certification. The Company shall submit a renewal application at least 180 days before the expiration date of this Certification, unless written permission for a later date has been granted in writing by the Department. V. special Conditions applicable to Installers of the System 1. Each Installer shall install the System in accordance with training provided by the Company. 2. No Installer shall install the -System unless the Installer has been trained and certified by the Company to install the System. VI. Reporting AYl'motives`a'nci�dbd:umentsu'..rdqui�rad: to"zbe,submitted.,to'I.the., Departure''nt>:by.'chis•�Certif�ication^:sha'll'. be submitted,° to Director, Division of Water Pollution Control Department of Environmental Protection Eljen In -Drain General Use Certification Page: 5 r i One Winter Street - 8th floor • Boston, Massachusetts 02108. VII. Rights of the Department The Department may suspend, modify or revoke this Certification for cause, including, but not limited to, non- compliance with the terms of this Certification, non-payment of the annual compliance assurance fee, for obtaining the Certification by misrepresentation or failure to disclose fully all relevant facts or any change in or discovery of conditions that would constitute grounds for discontinuance of the Certification, or as necessary for the protection of public health, safety, welfare or the environment, and as authorized by applicable law. The Department reserves its rights to take any enforcement action authorized by law with respect to this Certification and/or the System against the owner or operator of the System and/or the Company. VIII.Expiration date Notwithstanding the expiration date of this Certification, any System sold and installed prior to the expiration date of this Certification, and approved, installed and maintained in compliance with this Certification (as it may • be modified) and 310 CMR 15.000, may remain in use unless the Department; the local approval authority, or a court requires the System to be modified or removed, or requires" discharges to the System to cease. IX. Right of Appeal This Certification is an action of the Department. Any person aggrieved by this action may request an adjudicatory hearing. A request for a hearing must be made in writing and postmarked within thirty.(30) days of the date of issuance of this Certification. Under 310 CMR 1.01(6)(b), the request must state clearly and concisely the facts which are the grounds for the request,.and the relief sought. The hearing request along with a valid check payable to Commonwealth of Massachusetts in the amount of one hundred dollars ($100.00) must be mailed to: Commonwealth of Massachusetts Department of Environmental Protection P.O. Box 4062 Boston, MA 02211 The request will be dismissed if the filing fee is not paid, unless the appellant is exempt or granted a waiver as 0 Eljen In -Drain General Use Certification Page: 6 described below. The filing fee is not required if the appellant is a city or town (or municipal agency), county, • or district of the Commonwealth of Massachusetts, or a municipal housing authority. The Department may waive the adjudicatory hearing filing fee for a person who shows that paying the fee will create an undue financial hardship. A person seeking a waiver must file, together with the hearing request as provided above, an affidavit.setting forth the facts believed to support the claim of undue financial hardship. • • 0 0 William F. Weld Goa,mo, Trutly Coxe S-11.1. EOE4 Thomas B. Powers Aa�ng Gommrts�onn Commonwealth of Massachusetts Executive Office of Environmental Affairs Department of Environmental Protection CERTIFICATION FOR GENERAL USE Pursuant to Title 5, 310 CMR 15.000 Name and Address of Applicant: Saneco, Inc. P.O. Box 9B, 65 Eastern Avenue Essex, MA' 01929 Trade name of technology and model numbers: Low -rate Intermittent Sand Filter used in conjunction with OSI Screened pump vault model SV15 as manufactured by Orenco Systems, Inc. (hereinafter the "System"). Date of Application: December 23, 1994 Transmittal Number: 97892 Date of Issuance: March 24, 1995 Effective date: March 31, 1995 Expiration date: March 31, 2000 Authority for Issuance Pursuant to Title 5 of the State Environmental Code, 310 CMR 15.000, the Department of Environmental Protection hereby issues this Certification for General Use to: Saneco, Inc., Box 9B, 65 Eastern Avenue, Essex, MA 01929 (hereinafter "the Company"), certifying for general use in the Commonwealth of Massachusetts of the System described herein. The Department has determined that the applicant has demonstrated that the System will provide a level of environmental protection at least equivalent to that of a standard on-site system designed and constructed in accordance with 310 CMR 15.000. Sale and use of the System are conditioned on. and subject to compliance by the Company and the System owner/operator with the terms and -conditions set forth below. Any noncompliance with the terms or conditions of this Certification constitutes a violation of 310 CMR 15.000. - 3 ohn J..Higgins, ting Director Date'" ivision of Watef Pollution Control Department of Environmental Protection One Venter Street 0 Boston, Massachusetts 02108 0 FAX (617) 556-1049 0 Telephone (617) 292.5500 Saneco General Use Certification I. Page: Design Standards 1. The System shall be installed in series between the . septic tank and the leaching system of a standard Title 5 system in a manner which neither intrudes on, replaces a component of, or adversely affects the operation of a Title 5 system as constructed in accordance with 310 CMR 15.100 - 15.279, subject to the Provisions of this Certification. 2. The sand filter shall be sized so that the loading rate shall not exceed 1.2 gallons per day per square foot. 3. 15.227: No outlet tee is required. 4. 15.231: A separate dosing chamber is not required. 5. 15.231 (7): Pumps shall be capable of passing a minimum solid size of % inch diameter and shall be installed in accordance with the manufacturers specifications. 6. 15.254 (1) (c): Distribution lines to the soil absorption system shall have a minimum diameter of 1 inch and shall be sized on flow and head requirements. II. General Conditions 1. All provisions of 310 CMR 15.000 are applicable to the use of this System, the owner/operator, and the Company, except those which specifically have been varied by the terms of this Certification. 2. For a System with a design flow of greater than 2,000 . gallons per day (gpd), plans and specifications shall be stamped and signed by a Massachusetts Registered Professional Engineer. For a System with a design flow of 2,000 or fewer gpd, plans and specifications shall be stamped and signed by either a Massachusetts Registered Professional Engineer or a Massachusetts Registered Sanitarian. 3. Any required operation and maintenance, monitoring and testing shall be performed in accordance with a Department approved plan. Any required 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 Department's written approval. It shall be a violation of this Certification to falsify any data collected pursuant to an approved testing plan, to omit any required data or to fail to submit any report required by such plan. 4.:: .�h=`- fac - ist? �rrved rby;=the ;S,ystem• and the-.S,yst.em,,,itsel:f s.<: „s cs�na�11"�be ;=opesv "to.:;sr;�.pe"t"t'2Qaa:tia`nd; splirtgr,.iry� bite;�:�� ' D'e artment'"and the=local`a' ronin authorit p' pp g y at'..; -a 11 reasonable times. 5. The Department and/or the local approving authority may saneco General Use Certification Page: 3 require the owner or operator of the System to cease • operation of the system and/or to take any other action as it deems necessary to protect public health, safety, welfare and the environment. 6. The owner or operator shall provide written notice of this Certification, prior to the signing of a purchase and sale agreement for the facility served by the System or any portion thereof, to any new owner or operator. 7. The Department has not determined that the performance of the 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. Accordingly, no new System shall be constructed, and no System shall be upgraded or expanded, except as provided for in 310 CMR 15.004 (i.e. if it is feasible to connect the facility to a sanitary sewer, a variance as provided for in 310 CMR 15.004(4)(b) must be obtained for use of the System). S. Design and installation shall be in strict conformance with the company's DEP approved plans and specifications, 310 CMR 15.000 and this Certification. III. special Conditions applicable to the system Owner/Operator 1. The System is certified in connection with the discharge of sanitary wastewater only. Any non -sanitary wastewater generated and/or used at the facility served. by the System shall not be introduced into the System and shall be lawfully disposed of. 2. If the System will be a shared system as defined by 15.002, or a part thereof, the financial assurance requirements for shared systems as may be required pursuant to 15.290 (2) shall apply. 3. Maintenance agreement: i. Throughout its life, the System shall be under a maintenance agreement. No maintenance agreement shall be for less than two years. ii. No System shall be used until a maintenance ,agreement and contingency plan are approved by the Department and the local approving authority which: - provides for the contracting of a person or firm competent in providing services consistent with the System's specifications and the operation and maintenance requirements specified by the design engineer and any specified by the Department; - contains procedures for notification to the Department and the local board of health within 24 hours of a System failure or alarm event and for corrective.measures to be taken immediately. Saneco General Use Certification Page: 4 i provides the name of the Massachusetts certified operator or operators that will operate the system in accordance with Massachusetts regulations 257 CMR 2:00. 4. The owner/operator of the System shall at all times properly operate and maintain the System in accordance with the Department approved plan. 5. The owner/operator shall furnish the Department within a reasonable time any information which the Department may request to determine whether cause exists for modifying, revoking, reissuing or terminating this Certification or to determine whether the Company and/or the owner/ operator is complying with the terms and conditions of this Certification and 310 CMR 15.000. Iv. Special Conditions applicable to the Company 1. The Company annually shall submit to the Department, by January 31 of each year, a report, signed by a corporate officer, general partner or Company owner, stating, for the previous calendar year, the number of units sold for use in Massachusetts. The list shall include at a minimum the location of each System, owner's name and address, the type of use (e.g. residential, commercial, school, etc.) and the design flow; all known failures, malfunctions, and corrective actions taken and the location of each such event. 2. The Company shall notify the Director of the Division of Water Pollution Control at least thirty (30) days in advance of the proposed transfer of ownership of the technology for which this Certification is issued. The notice shall include the name and address of the new owner, the date of transfer, and the respective responsibilities of the parties relative to the System. All provisions of this Certification applicable to the Company shall be applicable to the successors and assigns of the Company. i 3. The Company shall furnish the Department within a reasonable time any information which the Department requests to determine whether -cause exists for modifying, revoking, reissuing or terminating this Certification or to determine whether the Company and/or any owner/ operator is complying with the terms and conditions of this Certification and 310 CMR 15.000. 4. -"The,,.Company,.-.r"shall`::provide",any:tTurchaser,-;of;the?System '�:wi'th a :'copy, to f'.'this,''.Certifi?cat ion;,. prior, sto• sal.en.of,ahe System. In any contract for distribution and/or sale of the System, the Company shall require the distributor or seller to provide the purchaser of the System, prior Saneco General Use Certification Page: 5 to. any sale of the System, with a copy of this • Certification. 5. If the Company wishes to use a System installed under this Certification as a piloting or provisional use demonstration site, the Company shall submit to the Department the following: * a copy of the complete application submitted to the local approving authority, * the written approval of the local approving authority, and * a notice that the Company wishes to use this site as a demonstration site for their piloting or provisional use application. 6. If the Company wishes to continue this Certification after its expiration date, the Company shall apply for and obtain a renewal of this Certification. The Company shall submit a renewal application at least 180 days before the expiration date of this Certification, unless written permission for a later date has been granted in writing by the Department. V. Reporting All notices and documents required to be submitted to the. Department by this Certification shall be submitted to: • Director, Division of Water Pollution Control Department of Environmental Protection One Winter Street - 8th floor Boston, Massachusetts 02108 VI. Rights of the Department The Department may suspend, modify or revoke this. Certification for cause, including, but not limited to, non- compliance with the terms of this Certification, non-payment of the annual compliance assurance fee, for obtaining the Certification by misrepresentation or failure to disclose fully all relevant facts or any change in or discovery of conditions that would constitute grounds for discontinuance of the Certification, or as necessary for the protection of public health, safety, welfare or the environment, and as authorized by applicable law. The Department reserves its rights to take any enforcement action authorized by law with respect to this Certification and/or the System against the owner or operator of the System and/or the Company. VII. Expiration date 0 Saneco General Use Certification Page: 6 Notwithstanding the expiration date of this Certification, any System sold and installed prior to the expiration date • of this Certification, and approved, installed and maintained in compliance with this Certification (as it may be modified) and 310 CMR 15.000, may remain in use unless the Department, the local approval authority, or a court requires the System to be modified or removed, or requires discharges to the System to cease. VIII.Right of Appeal This Certification is an action of the Department. Any person aggrieved by this action may request an adjudicatory hearing. A request for a hearing must be made in writing and postmarked within thirty (30) days of the date of issuance of this Certification. Under 310 CMR 1.01(6)(b), the request must state clearly and concisely the facts which are the grounds for the request, and the relief sought. The hearing request along.with a valid check payable to Commonwealth of Massachusetts in the amount of one hundred dollars ($100.00) must be mailed to: Commonwealth of Massachusetts Department of Environmental Protection P.O. Box 4062 Boston, MA 02211 The request will be dismissed if the filing fee is not paid, • unless the appellant is exempt or granted a waiver as described below. The filing fee is not required if the appellant is a city or town (or municipal agency), county, or district of the Commonwealth of Massachusetts, or a municipal housing authority. The Department may waive the adjudicatory hearing filing fee for a person who shows that paying the fee will create an undue financial hardship. A person seeking a waiver must file, together with the hearing request as provided above, an affidavit setting forth the ifacts believed to support the claim of undue financial hardship. • is • William F. Weld Go.emv Trudy Coxe Secrerap. EDEA Thomas B. Powers Acen^y ;ammissioner Commonwealth of Massochusetts Executive Office of Environmental Affairs Department of Environmental Protection CERTIFICATION FOR GENERAL USE Pursuant to Title 5, 310 CMR 15.000 Name and Address of Applicant: Holmes and McGrath, Inc. 200 Main Street Falrouth, MA 02540 Trade name of technology and model numbers: Ruck System as shown on the plans approved by the Department for residential flows under 2000 gallons per day (hereinafter the "System"). Date of Application: December 23, 1994 Transmittal Number: 97894 Date of Issuance: March 24, 1995 Effective date: March 31, 1995 Expiration date: March 31, 2000 Authority for Issuance Pursuant to Title 5 of the State Environmental Code, 310 CMR 15.000, the Department of Environmental Protection hereby issues this Certification. for General Use to: Holmes and McGrath, Inc., 200 Main Street, Falmouth, MA 02540 (hereinafter "the Company"), certifying fcr general use in the Commonwealth of Massachusetts of the System described herein. The Department has determined that the applicant has demonstrated that the System will provide a level of environmental protection at least equivalent to that of a standard on-site system designed and constructed in accordance with 310 CMR 15.000 and will provide enhanced nitrogen removal. Sale and use of the System are conditioned on and subject to compliance by the Company and the System owner/operator with the terms and conditions set forth below. Any noncompliance with the terms or conditions of this Certification constitutes a violation of 310 CMR 15.000. John J. Higgins„'Acting Director Division`of mater Pollution Control Department of Environmental Protection Date One Winter Street 0 Boston, Massachusetts 02108 • FAX (617) 556-1049 9 Telephone (617) 292.5500 Ruck General Use Certification II Page: Design Standards 1. The Svstem shall be installed in a manner which does not adversely affect the operation of a title 5 system as constructed in accordance with 310 CMR 15.100 - 15.279, subject to the Provisions of this Certification. 2. New Construction: In accordance with 310 CMR 15.217(2), an increase in calculated nitrogen loading per acre is allowed with the use of the System. The System may be used in areas subject to nitrogen loading limitations, 310 CMR 15.214. when used in such areas, the allowable loading for the System shall be for up to 660 gallons per day of design flow per acre. Total nitrogen concentration in the effluent shall not exceed 19 mg;liter and a minimum, of 55% of the influent total nitroa_en concentration shall be removed. 3. Areas wi`n ,reproved nitrogen loadincr plans: For the purpose of aggregate determination of allowable flows and nitrogen loadings per 310 CMR 15.216 (1), for residential flows of less than 2,000 gpd, nitrogen loading of 19 mg/liter of effluent shall be used for Systems installed under this Certification. 4. Exnansicns to existing residential homes: For any existing 2 bedroom residential home, as of March 31, 1995, in areas subject to nitrogen loading limitations, 310 CMR 15.214, the following expansions shall be permitted with the use of this System: a. With an existing minimum lot size of 10,000 sq. ft up to 3 bedrooms (330 gpd). b. With an existing minimum lot size of 15,000 sq. ft., up to 4 bedrooms (440 gpd). For anv existing 3 bedroom residential home, as of March 31, 1995, in areas subject to nitrogen loading limitations, 310 CMR 15.214, the following expansions shall be permitted with the use of this System: with an existing minimum lot size of 15,000 sq. ft., up to 4 bedrooms (440 gpd). General Conditions All provisions of 310 CMR 15.000 are applicable to the use of this System, the owner/operator, and the r � L J Company, except those which specifically have been varied by the terms of this Certification. Plans and specifications shall be stamped and signed by e;i�eha ;a^�M,assacrhuse*�:�.RP,q=teyed..;.P.rofessional..Engine,er �r a h:a sacro eats Fe -a erede San :ta ,,Lan _,, A -:v e _red oaerat'icn and, maintenance, ,m=4 ing an testinq shall be performed in accordance with a Cepartmen; approved p'i,an. Any required sample analysis • . Ruc,�: General Use Certification Page: 3 III. Special Conditions applicable to the System Owner/Operator 1. The System is certified in connection with the discharge of sanitary wastewater only. Any non -sanitary wastewater generated and/or used at the facility served by the System shall not be introduced into the System and shall be lawfully disposed of. 2. If the System will be a shared system as defined by 15.002, or a part thereof, the financial assurance requirements for shared systems as may be required pursuant to 15.2100 (2) shall apply. Mai-tenan_e aoreemer.t: y. _..roughout its life, the System: shall be under a a_..t_nance agreement. No maintenance agreement J stall 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 Department's written approval. It shall be a violation of this Certification to falsify any data collected pursuant to an approved testing plan, to omit any required required data or to fail to submit any report 4. by such plan. The facility served by the System and the System itself shall be open to inspection and sampling by the Department and the local approving authority at all reasonable times. 5. The Department and/or the local approving authority may require the owner or operator of the System to cease cr•eration c` the system and/or to take any other action. as i� deems necessary to protect public health, safety, welfare and the environment. The owner cr operator shall provide written notice of _. this Certification, prior to the signing of a purchase and sale agreement for the facility served by the System. or any portion thereof, to any new owner or 7. operator. The Denartment has not determined that the performance cf the System will provide a level of protection to riblic health and safety and the environment. that is at least equivalent to that of a sewer system. . Accordingly, no new System shall be constructed, and no Svstem shall be upgraded or expanded, except as crovided for in 310 CMiR 15.004 (i.e. if it is feasible to ccnnec* the facility to a sanitary sewer, a variance as provided for in 310 CMR 15.004(4)(b) must be obtained for use of the System) E. Design and installation shall be instrict conformance with the company's DEP approved plans and specifications, 310 C?•: 15.000 and this Certification. III. Special Conditions applicable to the System Owner/Operator 1. The System is certified in connection with the discharge of sanitary wastewater only. Any non -sanitary wastewater generated and/or used at the facility served by the System shall not be introduced into the System and shall be lawfully disposed of. 2. If the System will be a shared system as defined by 15.002, or a part thereof, the financial assurance requirements for shared systems as may be required pursuant to 15.2100 (2) shall apply. Mai-tenan_e aoreemer.t: y. _..roughout its life, the System: shall be under a a_..t_nance agreement. No maintenance agreement J Ruck General Use Certification 1, age: 4 shall be for less than two years. ii. No System shall be used until a.maintenance agreement and contingency plan are approved by the Department and the local approving authority which: provides for the contracting of a person or firm competent in providing services consistent with the System's specifications and the operation and maintenance requirements specified by the design enaineer and any specified by the Department; contains procedures for notification to the Department and the local board of health within 24 hours of a System failure or alarm event and for corrective measures to be taken immediately. urovides the name of the Massachusetts certified operator or operators that will operate the system in accordance with Massachusetts regulations 257 CMR 2:00. 4. The owner/operator of the System shall at all times properly operate and maintain the System in accordance With the Department approved plan. 5. The owner/operator shall furnish the Department within a reasonable time any information which the Department may request to determine whether cause exists for modifying, revoking, reissuing or terminating this Certification or to determine whether the Company and/or the owner/ operator is complying with the terms and conditicns of this Certification and 310 CMR 15.000. o. Influent and effluent from the system shall be monitored quarterly. At a minimum the following parameters shall be monitored: pH, BOD;, TSS, TKN, NO- N, and ammonia. If at any time the total effluent Nitrogen is higher than 19 mg/1, the system shall be monitored weekly for the next four weeks. Each time the System is monitored, the water meter reading also shall be recorded. All moni--ring data shall be submitted to the Department by January 31 of each year. The monitoring may be incorporated into the maintenance program. IV. Special Conditions applicable to the Company 11 The Company annually shall submit to the Department, by January 31 of each year, a report, signed by a corporate officer, general partner or Company owner, .calendar.::vear,,4the.numbes of sa4,husa"tss TZe�';1is.ti-��sha11;,;,,, lcca_,cns cf-'eac_! System; the type .of use (e.g. cchocl, etc.'', and the design _.._^num the owner's name and addres YeS.-de::z_Q , cor-, _cIa-, u • 0 r Ruck General Use Certification Page: 5 41 flow; all known failures, malfunctions, and corrective actions taken and the location of each such event. the Division 2. The Company shall notify the Director of of water pollution Control at least thirty (30) days in advance of the proposed transfer of ownership of the technology for which this Certification is issued. The notice shall include the name and address of the new owner, the date of transfer, and the respective responsibilities of the parties relative to the System. All provisions of this Certification applicable to the Company shall be applicable to the successors and assigns of the Company. furnish the Department within a 3. The Company shall reasonable time any information which the Department requests to determine whether cause exists for modifying, revoking, reissuing or terminating this Cert=ification or to determine whether the Company and/or any owner/ operator is complying with the terms and conditions of this Certification and 310 CMR 15.000. 4. The Company shall provide any purchaser of the System with a copy of this Certification prior to sale of the System. In any contract for distribution and/or sale of the System;, the Company shall require the. distributor seller to provide the purchaser of the System, prior or to any sale of the System, with a copy of this to use a System installed under yCernification. i one Company wishes this Certification as a piloting or provisional use demcnstracion site, the Company shall submit to the Department the following: * a copy of the complete application submitted to the -local approving authority, * the written approval of the local approving authority, and * a notice that the Company wishes to use this site as a demonstration site for their piloting or provisional use application. 6. V the Company wishes to continue this Certification after its expiration date, the Company shall apply for and obtain a renewal of this Certification. The Company shall submit a renewal application at least 180 days before the expiration date of this Certification, unless written permission for a later date has been granted in writing by the Department. 41 Ruck General Use Certification Page: 6 V. Reporting All notices and documents required to be submitted to the Department by this Certification shall be submitted to: Director, Division of Water Pollution Control Department of Environmental Protection One Winter Street - 8th floor Boston, Massachusetts 02108 VI. Rights of the Department The Department may suspend, modify or revoke this Certification for cause, including, but not limited to, non- compliance with the terms of this Certification, non-payment cf the annual comaliance assurance fee, for obtaining the Certification by misrepresentation or failure to disclose fully all relevant facts or any change in or discovery of conditions that would constitute grounds for discontinuance of the Certification, or as necessary for the protection of public health, safety, welfare or the environment, and as authorized by applicable law. The Department reserves its rights to take any enforcement action authorized by law with respect to this Certification and/or the System against the .twner or operator of the System, and/ -or the Company. VII. Expiration date Notwithstanding the expiration date of this Certification, any System sold and installed prior to the expiration date of this Certification, and approved, installed and maintained in compliance with this Certification (as it may be modified) and 310 CY-R 15.000, may remain in use unless the Department the local approval authority, Or a court requires the System to be modified or removed, or requires discharges to the System to cease. VIII. Right of Appeal This Certification is an action of the Department. Any person aggrieved by this action may request an adjudicatory hearing. A request for a hearing must be made in writing and postmarked within thirty (30) days of the date of issuance:sc` :_=s CAr.t ca:ticn ...Un6er_3,10 the.�reque5 .EmL�.ti -at'e .Cea=may a.. 01�1;cE'1y t:he "'.f;aCt`S;:whl;ch.,;:;i' are t.ne grc nas ` request, and—the; ire` sought•:Va The -!- hearing request along with a va_.d check payable to Comm_nwealth OT ";ansath..:set-_s the amount of one hundred 11 Rugk General Use Certification Page: 7 . do, la_s($1CO.CG) must be mailed to: Commonwealth of Massachusetts Department of Environmental Protection P.O. Box 4062 Boston, MA 02211 The request will be dismissed if the filing fee is not paid, unless the appellant -is exempt or granted a waiver as described below. The filing fee is not required if the appellant is a city or town (or municipal agency), county, or district of the Commonwealth of Massachusetts, or a m,.:nicipa1 housing authority. The Department may waive the adjudicatory hearing filing fee for a person who shows that paving the fee will create an undue financial hardship. A persc: seeking a waiver must file, together with the hearing recaest as prcvided above, an affidavit setting forth the `acts ce ie ed to au.—port the claim of undue financial E • 0 William F. Weld G ,.o, Trudy Coie Secretary. EOEA Thomas B. Powers Ammg Oommissionm Commonweclth of mossochusetts Executive Office of Environmental Affairs Department of Environmental Protection PROVISIONAL USE APPROVAL Pursuant to Title 5, 310 CMR 15.000 Name and Address of Applicant: AWT Environmental Inc. 121 Alden Road Fairhaven, MA 02719 Trade name of technology and model numbers: Bioclere 16, 22, 24, and 30 series Units (hereinafter the "System") Date of Application: Transmittal Number: Date of Issuance: Effective date: Expiration date: December 23, 1994 96732 March 24, 1995 March 31, 1995 March 31, 2000 Authority for Issuance Pursuant to Title 5 of the State Environmental Code, 310 CMR 15.000, the Department of Environmental Protection hereby issues this App -oval to: AWT Environmental Inc., 121 Alden Road, Fairhaven, MA 02719 (hereinafter "the Company"), for Provisional Use in the Commonwealth of Massachusetts of the System described herein. Sale and use of the System are conditioned on and subject to compliance by the Company and the System owner/operator with the terms and conditions set forth.below'. Any noncompliance with the terms or conditions of this Approval constitutes a violation of 310 CMR 15.000. � J ctor D isionHof�WaterA #QutioheControl Department of Envirgtfinental Protection One Winter Street • Boston, Massachusetts 02108 • FAX (617) 556.1049 Da e7 S • Telephone (617) 292.5500 9 Bioclere Provisional Use Approval I. Design Standards 1 K 3 0 5 Page: 2 The System shall be installed in series between the • septic tank and the leaching system of a standard Title 5 system in a manner which neither intrudes on, replaces a component of, or adversely affects the operation of a Title 5 system as constructed in accordance with 310 CMR 15.100 - 15.279, subject to the provisions of this Approval. The System is provisionally approved as an equivalent technology to a recirculating sand filter. New Construction: In accordance with 310 CMR 15.217(2), an increase in calculated nitrogen loading per acre is allowed with the use of the System.:The System may be used in areas subject to nitrogen loading limitations, 310 CMR 15.214. when used --in such areas: * for residential Systems the design flow shall not exceed. 660 gallons per day per acre, and the total nitrogen concentration in the effluent shall not exceed 19 mg/liter and a minimum of 55% of the influent total nitrogen concentration shall be removed. This is based on the highest nitrogen loading rate credit of a technology with General Use Certification. * for non-residential Systems the design flow shall not exceed 550 gallons per day per acre, and the total nitrogen concentration in the effluent shall not exceed 25 mg/liter and a minimum of 40% of the influent total nitrogen concentration shall be . removed. This is based on the highest nitrogen loading rate credit of a technology with General Use Certification. Areas with aoaroved nitrogen loading Plans: For the purpose of aggregate determination of allowable flows and nitrogen loadings per 310 CMR 15.216 (1): * for residential flows of less than 2,000 gpd, nitrogen loading of 19 mg/liter of effluent shall be used for Systems installed under this Approval (based on the highest nitrogen loading rate credit given to a technology with General Use Certification for residential flows); b. for non-residential flows of less than 2,000 gpd, nitrogen loading of 25 mg/liter of effluent shall be used for Systems installed under this Approval (based on the highest nitrogen loading rate credit given to a technology with General Use Certification for non-residential flows). ,_Expansions to existing residential homes- For .any exis.ti 1g 2.,..bedroom 2e :identia,l; home,,:;as of =Marcn,i3.l,.. 41 '_9.95;',. r:'are-as`subject to nitrogen loading'limitations','< .310 CMR 15.214, the following expansions shall be permitted with the use of this System: Sioclere Provisional Use Approval Page: 3 a. with an existing minimum lot size of 10,000 sq. • ft., up to 3 bedrooms (330 gpd). b. with an existing minimum lot size of 15,000 sq. ft., un to 4 bedrooms (440 gpd). For any existing 3 bedroom residential home, as of March 31, 1995, in areas subject to nitrogen loading limitations, 310 CMR 15.214, the following expansions shall be permitted with the use of this System: with an existing minimum lot size of 15,000 sq. ft., up to 4 bedrooms (440 gpd). II. General Conditions 1. All provisions of 310 CMR 15.000 are applicable to the use of this System, the owner/operator, and the Ccmpanv, except thcse which specifically have been varied by the terms of this Approval. 2. This Provisional Use Approval authorizes the use of the System in Massachusetts, in order to permit further evaluation of the System, which appears technically capable of providing levels of protection at least equivalent to those of standard on site disposal systems, and to determine whether, under actual field conditions in Massachusetts, additional conditions addressing long term operation, maintenance and • ,monitoring considerations, including repair, removal or replacement, are necessary to ensure that such protection will be provided. The System. can be installed on facilities that meet the criteria of 310 CMR 15.286 (4). 3. For a proposed individual System with a design flow of greater than 2,000 gallons per day (gpd), plans and specifications shall be stamped and signed by a Massachusetts Registered Professional Engineer. For a proposed individual System with a design flow of 2,000 or fewer gpd, plans and specifications.shall be stamped and signed by either a Massachusetts Registered Professional Engineer or a Massachusetts Registered Sanitarian. 4. Any required operation and maintenance, monitoring and testing shall be performed in'accordance with a Department approved plan. Any required 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 Department's written approval. It shall be a violation of this Approval to falsify any data collected pursuant to an approved testing plan, to omit any required data or to fail to submit any report required by such plan. 5. The facilit%, served by the System and the System itself Bioclere Provisional Use Approval III Page: 4 shall be open to.inspection and sampling by the Department and the local approving authority at all reasonable times. . 6. 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 as it deems necessary to protect public health, safety, welfare and the environment. 7. The owner or operator shall provide written notice of this Approval, prior to the signing of a purchase and sale agreement for the facility served by the System or any portion thereof, to any new owner or operator. B. Design and installation shall be in strict conformance with the Company's DEP approved plans and specifications, 310 CMR 15.000 and this Approval. The system shall be constructed in accordance with 310 CMR _5.100 - 15.275, subject to the provisions of this Accroval. 9. The Department has not determined that the 'performance of the System is likely to provide a level of protection to public health and safety and the environment that is at least equivalent to that of a sanitary sewer system. Accordingly, no new System shall be constructed, and no System shall be upgraded or expanded, except as provided for in 310 CMR 15.004 (i.e. if it is feasible to connect the facility to a sanitary sewer, a variance as provided for in 310 CMR _5.004(4)(b) must be obtained for use of the System). • Special Conditions applicable to the System Owner/Operator 1. The System is approved in connection with the discharge of sanitary wastewater only. Any non -sanitary wastewater generated and/or used at the facility served by the System shall not be introduced into the System and shall be lawfully disposed of. 2. Effluent discharge concentrations shall meet or exceed secondary treatment standards of 30 mg/L BODS, 30 mg/L TSS and a minimum of 65a of the influent BODS and TSS shall be removed. The effluent pH shall not vary more than 0.5 standard units from the influent water supply. For residential uses, total nitrogen concentration in the effluent shall not exceed 19 mg/L and a minimum of 550 of the influent total nitrogen concentration shall be removed. For non-residential uses, total nitrogen concentration in the effluent shall not exceed 25.mg/L and. a.minimum .of 40% of the influent total nitrogen ar :e itratiror>s,ra.11 be:: -removed: " 2.E,_fluent discharge can'cen_rat:i:ons sFYall e.meet • or" exceed': < secondary treatment standards of 30`mg/L BODS, 30 mg/L TSS and a minimum. of Bye of the influent BODS and TSS BiQclere Provisional Use Approval Page: 5 shall be removed. The effluent pH shall not vary more . than 0.5 standard units from the influent water supply. Total nitrogen concentration in the effluent shall not exceed 15 mg/L and a minimum of 55% of the influent total nitrogen concentration shall be removed. 3. Maintenance agreement: i. Throughout its life, the System shall be under a maintenance agreement. No maintenance agreement shall be for less than two years. ii. No System shall be used until a maintenance agreement and contingency plan are approved by the Department and the local approving authority which: provides for the contracting of a person or firm competent in providing services consistent with the System's specifications and the operation and maintenance requirements specified by the design engineer and any specified by the Department; contains procedures for notification to the Department and the local board of health within 24 hours of a system failure or alarm event and for corrective measures to be taken immediately. orcvides the name -of the Massachusetts certified onerator or operators that will operate the system in accordance with Massachusetts regulations 257 R 2:00. • S. The owner/operator of the System shall at all times . properly operate and maintain the System in accordance h the Department approved plan. 5. The owner/operator shall furnish the Department within a reasonable time any information which the Department may request to determine whether cause exists for modifying, revoking, reissuing or terminating this Approval or to determine whether the Company and/or the owner ooeratcr is complying with the terms and conditions of this Approval and 310 CMR 15.000. 6. Prior to installation of the System, the (proposed) owner/operator shall submit to the Department the written approval of the local approving authority, together with a copy of the complete application submitted to the local approving authority. The application shall be deemed approved by the Department if, within 60 days of receipt of a complete application, the Department fails to either: a. request additional information in writing from the proposed owner/operator; b. grant a written approval, which may include any conditions the Department deems appropriate, including but not limited to financial assurances, to protect public health, safety, welfare or the environment; or Bioclere Provisional Use Approval Page: 6 C. deny approval of the System in writing. In the event the Department requests additional • information from the proposed owner/operator, the 60 day period for Department review shall commence upon the Department's receipt of such additional information. ' IV. Special Conditions applicable to the Company 1. The Company annually shall submit to the Department, by January 31 of each year, a report, signed by a corporate officer, general partner or Company owner, stating, for the previous calendar year, the number of units sold for use in Massachusetts all known failures, malfunctions, and corrective actions taken and the lccat.ion of each such event. The lis£ shall include at a minimum the location of each System sold, the owner/operators name, the type of use (e.g. residential, commercial, school, etc.) and the design flow. 2. The Cornpanv shall notifv the Director of the Division of water Pollution Control at least thirty (30) days in advance of the proposed transfer of ownership of the. technology for which this Approval is issued. Said notification shall include a written agreement between the existing and new owner containing a specific date for transfer of ownership, responsibility, coverage and liability between them. 3 The Company shall furnish the Department within a reasonable time any information which the Department may request to determine whether cause exists for modifying, revoking, reissuing or terminating this Approval or to determine whether the Company and/or the owner operator is complying with.the terms and conditions of this Approval and 310 CMR 15.000. 4. The Company shall provide any purchaser of the System with a copy of this Approval prior to any sale of the System. In any contract for distribution and/or sale of the System., the Company shall require the distributor or seller to provide the purchaser of the System, prior to any sale of the System, o-iith a copy of this Approval. 5. Influent and effluent from the System shall be monitored monthly for the first six months of operation, and quarterly thereafter. At a minimum the following parameters shall be monitored: pH, BODS, TSS, TKN, NO, -N, and ammonia. At the discretion of the. :: Company, ;:addi ;ional :gest ing>,•may,:be_ provide.d..i.f._at .any °Nit_cgerr-is nigher' than '^19 mg,/l. The, -:additional test'in'g-" shall consist of weekly monitoring for the following four weeks. Each time the System is monitored, the • 0 Bioclere Provisional Use Approval Page: 7 water meter reading also shall be recorded. All monitoring data shall be submitted to the Department within 30 days of the sampling date. * for Systems with a design flow less than 2,000 gpd, after three years of monitoring and at the request of the Company the Department may reduce or eliminate the monitoring requirements. . * for Systems over 2,000 gpd the Department may reduce or eliminate the monitoring requirements after five years of monitoring. 6. If the Company wishes to continue this Provisional Use Approval after its expiration date, the Company shall apply for and obtain a renewal of this Approval. The Company shall submit a renewal application at least 180 days before the expiration date of this Approval, unless written permission for a later date has been crap: ed in writing by the Department. V, Reporting All notices and documents required to be submitted to the Department by this Approval shall be submitted to: Director Divisio- of Water Pollution Control Department of Environmental Protection One Winter Street - 8th floor Boston, Massachusetts 02108 VI. Expiration date Notwithstanding the expiration date of this Approval, any Svstem sold and installed prior to the expiration date of tris Approval, and approved, installed and maintained in comc,liance with this Approval (as it may be modified) and 310 CMR 15.000, may remain in use unless the Department, the local approving authority, or a court requires the System to be modified or removed, or requires discharges to the System to cease. VII. Rights of the Department The Department may suspend, modify or revoke this Provisional Use Approval for cause,.including, but not limited to, non-compliance with the terms of this Approval, non-payment of the annual compliance assurance fee, for obtaininc the Approval by misrepresentation or failure to disclose fully all relevant facts or any change in or discovery of conditions that would constitute grounds for 9 Bioclere Provisional Use Approval Page: 8 discontinuance of the Approval, or as necessary for the protection of public health, safety, welfare or the . environment, and as authorized by applicable law. The Department reserves its rights to take any enforcement action authorized by law with respect to this Approval and/or the System against the owner, or operator of the System and/or the Company. VIII.Right of Appeal This Approval is an action of the Department. Any person aggrieved by this action may request an adjudicatory hearing. A request for a hearing must be made in writing and postmarked within thirty (30) days,of the date of issuance of this Approval. Under 310 CMR 1.01(6)(b), the request must state clearly and concisely the --fasts-which are the grounds for the request, and the relief sought. The Nearing request along with a valid check payable to Commonwealth of Massachusetts in the amount of one hundred dollars ($100.00) must be mailed to: Commonwealth of Massachusetts Department of Environmental Protection P.O. Box 4062 Boston, MA 02211 The request will be dismissed if the filing fee is not paid, unless the appellant is exempt or granted a waiver as described below. The filing fee is not rec_uired if the appellant is a city or town (or municipal agency), county, or district of the Commonwealth of Massachusetts, or a municipal housing authority. The Department may waive the adjudicatory hearing filing fee for a person who shows that paying the fee will create an undue financial hardship. A person seeking a waiver must file, together with the hearing request as provided above, an affidavit setting forth the facts believed to support the claim of undue financial hardship. 0 • 9 William F. Weld Gc.e •nc Trudy Coxe Seaeal. EDE4 Thomas B. Powers Commonwecllh of Massachusetts Executive Office of Environmental Affaus Department of Environmental Protection PROVISIONAL USE APPROVAL Pursuant to Title 5, 310 CMR 15.000 Name and Address of Applicant: Smith & Loveless, Inc. 14040 Santa Fe Trail Drive Lenexa, KS 6C-215 Trade name of technology and model numbers: Smith & Loveless Modular FASTS (hereinafter the "System"). Date of Application Transnittal Number Date of Issuance Effective date: Expiration date: December 23, 1994 98299 March 24, 1995 March 31, 1995 March 31, 2000 Authority for Issuance Pursuant to Title 5 of the State Environmental Code, 310 CMR 15.000, the Department of Environmental Protection hereby issues this A_onroval to: Smith & Loveless, Inc., 14040 Santa Fe Trail Drive, Lenexa, KS 66215 (hereinafter "the Company"), for Provisional Use in the Commonwealth of Massachusetts of the System described herein. Sale and use of the System are conditioned on and subject to compliance by the Company and the System owner/operator with the terms and conditions set forth below. Any noncompliance with the terms or conditions of this Approval constitutes a violation of 310 CMR 15.000. John i. Hiccin.s, Acting Director Di,; i Sior. -o?'Water �Pollutio.n. Control Departr.•ent of Environmental Protection Date One Winter S;ree. • Boston. Massachusetts 02108 9 FAX (617) 556-1049 • Telephone (617) 292-5500 FAST Provisional Use Approval I. Design Standards Page: 2 1. The System shall be installed in series between the . septic tank and the leaching system of a standard Title 5 system in a manner which neither intrudes on, replaces a component of, or adversely affects the operation, of a Title 5 system as constructed in accordance with 310 CMR 15.100 - 15.279, subject to the provisions of this Approval. 2. The System is provisionally approved as an equivalent technology to a recirculating sand filter. 3. New Construction: In accordance with 310 CMR 15.217(2) an increase in calculated allowable nitrogen loading per acre is allowed with the use of the System. The System may be used in areas subject to 310 CMR 15.214. When used in such areas: -'- -_ --' ;'-- for residential Systems the design flow shall not exceed 660 gallons per day -per acre, and the total nitrogen concentration in the effluent shall not exceed 19 mg/liter and a minimum of 55% of the influent total nitrogen concentration shall be removed. This is based on the highest nitrogen loading rate credit of a technology with General Use Certification. * for non-residential Systems the design flow shall not exceed 550 gallons per day per acre, and the total nitrogen concentration in the effluent shall not exceed 25 mg/liter and a minimum of 40% of the influent total nitrogen concentration shall be removed. This is based on the highest nitrogen loading rate credit of a technologywith General Use Certification. The Company seeks to obtain approval for use of the System in areas subject to 310 CMR 15.214 for a design flow of 770 gpd per acre. Accordingly, data from operation of the System to support an approval of its use at a design flow of 770 gpd per acre must demonstrate that the total nitrogen concentration in the effluent does not exceed 15 mg;liter and that the System removes a minimum of 64% of the influent total nitrogen concentration. 4. Areas with approved nitrogen loading plans: For the purpose of aggregate determination of allowable flows and nitrogen loadings per 310 CMR 15.216(1): * for residential flows of less than 2,000 gpd, nitrogen loading of 19 mg/liter of effluent shall be used for Systems installed under this Approval Certifi-cation f'Cr"re 1d'ertiarY-' b. for non-residential flows of less than 2,000 gpd, nitrogen loading of 25 mg/liter of effluent shall FAST Provisional Use Approval Page: 3 be used for Systems installed under this Approval . (based on the highest nitrogen loading rate credit given to a technology with General Use Certification for non-residential flows). II. General Conditions 1. All provisions of 310 CMR 15.000 are applicable to the use of this System, the owner/operator, and the Company, except those which specifically have been varied by the terms of this Approval. 2. This Provisional Use Approval authorizes the use of the System in Massachusetts, in order to permit further evaluation of the System, which appears technically capable of providing levels of protection at least equivalent to those of standard on site disposal systems, and to determine whether, under actual field conditions in Massachusetts, additional conditions addressing long term operation, maintenance and monitoring considerations, including repair, removal or replacement, are necessary to ensure that such protection, will be provided. The System can be installed on facilities that meet the criteria of 310 CMR 15.286 (4). 3. For a proposed individual System with a design.flow of . greater than 2,000 gallons per day (gpd), plans and specifications shall be stamped and signed by a Massachusetts Registered Professional Engineer. For a proposed individual System with a design flow of 2,000 or fewer gpd, plans and specifications shall be stamped and signed by either a Massachusetts Registered Professional Engineer or a Massachusetts Registered Sanitarian. 4. Any required operation and maintenance, monitoring and testing shall be performed in accordance with a Department approved.plan. Any required 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 Department's written approval. It shall be a violation of.this Approval to falsify any data collected pursuant to an approved testing plan, to omit any required data or to fail to submit any report required by such plan. 5. The facility served by the System and the System itself shall be open to inspection and sampling by the Department and the local approving authority at all reasonable times. C. 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 • s: FAST Provisional Use Approval III Page: 4 as it deems necessary to protect public health, safety, welfare and the environment. 7. The owner or operator shall provide written notice of • this Approval, prior to the signing of a purchase and sale agreement for the facility served by the System or any portion thereof, to any new owner or operator. 8. Design and installation shall be in strict conformance with the Company's DEP approved plans and specifications, 310 CMR 15.000 and this Approval. The system shall be constructed in accordance with 310 CMR 15.100 - 15.279, subject to the provisions of this Approval. 9. The Department has not determined that the performance of the System is likely to provide a level of protection to public health and safety and the environment that is at least equivalent to that of a sanitary sewer system. Accordingly, no new System shall be constructed, and no System shall be upgraded or expanded, except as provided for in 310 CMR 15.004 (i.e. if it is feasible to connect the facility to a sanitary sewer, a variance as provided for in 310 CMR 15.004(4)(b) must be obtained for use of the System). Special Conditions applicable to the System Owner/Operator 1. The System is approved in connection with the discharge of sanitary wastewater only. Any non_sanitary • wastewater generated and,/or used at the facility served by the System shall not be introduced into the System and shall be lawfully disposed of. 2. Effluent discharge concentrations shall meet or exceed secondary treatment standards of 30 mg/L BODS, 30 mg/L TSS and a minimum of 85% of the influent BODS and TSS shall be removed. The effluent pH shall not vary more than 0.5 standard units from the influent water supply. For residential uses, total nitrogen concentration in the effluent shall not exceed 19 mg/L and a minimum of 55% of the influent total nitrogen concentration shall . be removed. For non-residential uses, total nitrogen concentration in the effluent shall not exceed 25 mg/L and a minimum of 40% of the influent total nitrogen concentration shall be removed 3. Maintenance agreement: i. Throughout its life, the System shall be under a maintenance agreement. No maintenance agreement shall be for less than two years. _..;;- c: syster•_,shal-a-, be;.used:,.junt.il..a.,.maintenance a g'ree^e..`.-ard corit-ingenoy, p1an;:6are4+approved,,"b Department''and"th'e-, local` -'approving authority-,":- °- .which: - provides for the contracting of a person or firm • FAST Provisional Use Approval Page: 5 • competent in providing services consistent with the system's specifications and the operation and maintenance requirements specified by the design engineer and any specified by the Department; contains procedures for notification to the Department and the local board of health within 24 hours of a system failure or alarm event and for corrective measures to be taken immediately. provides the name of the Massachusetts certified operator or operators that will operate the system in accordance with Massachusetts regulations 257 CMR 2:00. 4. The owner/operator of the System shall at all times properly operate and maintain the System in accordance with the Department approved plan. 5. The owner/operator shall furnish the Department within a reasonable time any information which the Department may request to determine whether cause exists for modifying, revoking, reissuing or terminating this Approval or to determine whether the Company and/or the owner operator is complying with the terms and conditions of this Approval and 310 CMR 15.000. 6. prior to installation of the System, the (proposed) owner/operator shall submit to the Department the written approval of the local approving authority, together with a copy of the complete application • submitted to the local approving authority. The application shall be deemed approved by the Department if, within 60 days of receipt of a complete application, the Department fails to either: a. request additional information in writing from the proposed owner/operator; b. grant a written approval, which may include any conditions the Department deems appropriate, including but not limited to financial assurances, to protect public health, safety, welfare or the environment; or C. deny approval of the System in writing. In the event the Department requests additional information from the proposed owner/operator, the 60 day period for Department review shall commence upon the Department's receipt of such additional information. Iv. special Conditions applicable to the Company The Company annually shall submit to the Department, by January 31 of each year, a report, signed by a corporate officer, general partner or Company owner; stating, for the previous calendar year, the number of units sold for use in Massachusetts, all known • FAST Provisional Use Approval Page: 6 failures, malfunctions, and corrective actions taken and the location of each such event. The list shall • include at a minimum the location of each System sold, the owner/operators name, the type of use (e.g. residential, commercial, school, etc.),and the design flow. 2. The Company shall notify the Director of the Division of Water Pollution Control at least thirty (30)' days in advance of the proposed transfer of ownership of the technology for which this Approval is issued. Said notification shall include a written agreement between the existing and new owner containing a specific date for transfer of ownership, responsibility, coverage and liability between them. 3. The Company shall furnish the Department within a reasonable time any informationwhichthe Department may request to determine whether cause exists for modifying, revoking, reissuing or terminating this Approval or to determine whether the -Company and/or the owner operator is complying with the terms and conditions of this Approval and 310 CMR 15.000. S. The Company shall provide any purchaser of the System with a copy of this Approval prior to any sale of the System. In any contract for distribution and/or sale of the System, the Company shall require the distributor or seller to provide the purchaser of the System, prior to any sale of the System, with a copy of this Approval. • 5. Influent and effluent from the System shall be monitored monthly for the first six months of operation, and quarterly thereafter. At a minimum the following parameters shall be monitored: pH, BODS, TSS, TKN, NO.. -N, and ammonia. At the discretion of the Company, additional testing may be provided if at any time after the first six months the total effluent Nitrogen is higher than 15 mg/1. The additional testing shall consist of weekly monitoring for the following four weeks. Each time the System is monitored, the water meter reading also shall be recorded. All monitoring data shall be submitted to the Department within 30 days of the sampling.date. * for Systems with a design -flow less than 2,000 gpd, after three years of monitoring and at the request of the Company the Department may reduce or eliminate the monitoring requirements. * for Systems over 2,000 gpd the Department may reduce or eliminate the monitoring requirements attar .fiwe,..year-s,.of roni.tori.ng.. 6. .f'•ahe Ggmpan:y„ ti:ashes"=to:coni',inue.;>tiiis Psou: si:onal;use;a, Approval - after" its i.e'xp.irat ion—date - the,;Company,.-_shall,: t, apply for and obtain a renewal of this Approval. The Ccr.pany shall subnit a renewal application at least 180 FA*T Provisional Use Approval Page: 7 days before the expiration date of this Approval, • unless written permission for a later date has been granted in writing by the Department. V. Reporting All notices and documents required to be submitted to the Department by this Approval shall be submitted to: Director Division of Water Pollution Control Department of Environmental Protection One Winter Street - 8th floor Boston, Massachusetts 02108 VI. Expiration date Notwithstanding the expiration date of this Approval, any System sold and installed prior to the expiration date of this Approval, and approved, installed and:maintained in compliance with this Approval (as it may be modified) and 310 CMR 15.000, may remain in use unless the Department, the local approving authority, or a court requires the System to be modified or removed, or requires discharges to the System to cease. • VII. Rights of the Department The Department may suspend, modify or revoke this Provisional Use Approval for cause, including, but not limited to, non-compliance with the terms of this Approval, non-payment of the annual compliance assurance fee, for obtaining the Approval by misrepresentation or failure to disclose fully all relevant facts or any change in or discovery of conditions that would constitute grounds for discontinuance of the Approval, or as necessary for.the protection of public health, safety, welfare or the environment, and as authorized by applicable law. The Department reserves its rights to.take any enforcement action authorized by law with respect to this Approval and/or the System against the owner, or operator.of the System and/or the Company. VIII.Right of Appeal This Approval is an action of the Department. Any person aggrieved by this action may request an adjudicatory hearing. A request for a hearing must be made in writing and postmarked within thirty (30) days of the date of FAST Provisional Use Approval Page: 8 issuance of this Approval. Under 310 CMR 1.01(6)(b), the request must state clearly and concisely the facts which are . the grounds for the request, and the relief sought. The hearing request along with a valid check payable to Commonwealth. of Massachusetts in the amount of one hundred dollars ($100.00) must be mailed to: Commonwealth of Massachusetts Department of Environmental Protection P.O. Box 4062 Boston, MA 02211 The request will be dismissed if the filing fee is not paid, unless the appellant is exempt or granted a waiver as described below. The filing fee is not required if the appellant is a city or town (or municipal agency), county, or district of the Commonwealth of Massachusetts, or a municipal housing authority. The Department may waive the adjudicatory hearing filing fee for a person who shows that paying the fee will create an undue financial hardship. A person seeking a waiver must file, together with the hearing request as provided above, an affidavit setting forth the facts believed to support the claim of undue financial hardship. 0 9 Is William F. Weld G.o, Trudy Core S...... EDEA Thomas 8. Powers ACLn9 Gommssone� Commonwealth of Massachusetts Executive Office of Environmental Affairs Department of Environmental Protection PROVISIONAL USE APPROVAL Pursuant to Title 5, 310 CMR 15.000 Name and Address of Applicant: Smith & Loveless, Inc. 14040 Santa Fe Trail Drive Lenexa, KS 66215 Trade name of technology and model numbers: Smith & Loveless Single Home FASTS with a design flow of up to 550 gallons per day (hereinafter the "System"). Date of Application Transmittal Number Date of Issuance Effective date: Expiration date: December 23, 1994 March 24, 1995 March 31, 1995 March 31, 2000 Authority for Issuance Pursuant to Title 5 of the State Environmental Code, 310 CMR 15.000, the Department of Environmental Protection hereby issues this Approval to: Smith & Loveless, Inc., 14040 Santa Fe Trail Drive, Lenexa, KS 66215 (hereinafter "the Company"), for Provisional Use in the Commonwealth of Massachusetts of the System described herein. Sale and use of the System are conditioned on and subject to compliance by the Company and the System owner/operator with the terms and conditions set forth below. Any noncompliance with the terms or conditions of this Approval constitutes a violation of 310 CMR 15.000. J hn J. H ggins,ing Director Division of Wate ollution Control Department of Envi onmental Protection 3 D to One Winter Street • Boston, Massachusetts 02108 • FAX (617) 556-1009 • Telephone (617) 292.5500 FAST Provisional Use Approval Page: 2 I. Design Standards 1. The System shall be installed in series between the septic tank and the leaching system of a standard. Title 5 system in a manner which neither intrudes on, replaces a component of, or adversely affects the operation of a Title 5 system as constructed in accordance with 310 CMR 15.100 - 15.279, subject to the provisions of this Approval. 2. The System is provisionally approved as an equivalent technology to a recirculating sand filter. 3. New Construction: In accordance with 310 CMR 15.217(2), an increase in calculated allowable. nitrogen loading per acre is allowed with the use of the System. The System may be used in areas subject to nitrogen loading limitations, 310 CMR 15.214. When used in such areas: * for residential Systems the design flow shall not exceed 660 gallons per day per acre, and the total nitrogen concentration in the effluent shall not exceed 19 mg/liter and a minimum of 55% of the influent total nitrogen concentration shall be removed. This is based on the highest nitrogen loading rate credit of a technology with General Use Certification. * for non-residential Systems the design flow shall not exceed 550 gallons per day per acre, and the total nitrogen concentration in the effluent shall not exceed 25 mg/liter and a minimum of 40% of the influent total nitrogen concentration shall be removed. This is based on the highest nitrogen loading rate credit of a technology with General Use Certification. The Company seeks to obtain approval for use of the System in areas subject to 310 CMR 15.214 for a design flow of 770 gpd per acre. Accordingly, data from operation of the System to support an approval of its use at a design flow of 770 gpd per acre must demonstrate that the total nitrogen concentration in the effluent does not exceed 15 mg/liter and that the System removes a minimum of 641 of:the influent total nitrogen' concentration. 4. Areas with approved nitrogen loading plans: For the purpose of aggregate determination of allowable flows and nitrogen loadings per 310 CMR 15.216 (1): * for residential flows of less than 2,000 gpd, nitrogen loading of 19 mg/liter of effluent shall ....,..a.,be ,::us ed,.f or_„,Syzt;ems:, ins.tall.ed....under,, ,this ;...Approval 'i;::.(based�.on>tt`he.:highest-n'itragen�loadng;;Yate;cre'at:. :'given to' a, -technology with- General- Use .Certification for residential flows); b. ,for non-residential flows of less than 2,000 gpd, FAST Provisional Use Approval Page: 3 nitrogen loading of 25 mg/liter of effluent shall • be used for Systems installed under this Approval (based on the highest nitrogen loading rate credit given to a technology with.General Use Certification for non-residential flows). 5. Expansions to existing residential homes: For any existing 2 bedroom residential home, as of March 31, 1995, in areas subject to nitrogen loading limitations, 310 CMR 15.214, the following expansions shall be permitted with the use of this System: a. with an existing minimum lot size of 10,000 sq. ft., up to 3 bedrooms (330 gpd). b. with an existing minimum lot size of 15,000 sq. ft., up to 4 bedrooms (440 gpd).. For any existing 3 bedroom residential home, as of March 31, 1995, in areas subject to nitrogen loading limitations, 310 CMR 15.214, the following expansions shall be permitted with the use of this System: with an existing minimum lot size of 15,000 sq. ft., up to 4 bedrooms (440 gpd). II. General Conditions 1. All provisions of 310 CMR 15.000 are applicable to the use of this System, the owner/operator,.and the Company, except those which specifically have been •:ari.ed by the terms of this Approval. 2. This Provisional Use Approval authorizes the use of the System in Massachusetts, in order to permit further evaluation of the System, which appears technically capable of providing levels of protection at least equivalent to those of standard on site disposal systems, and to determine whether, under actual field conditions in Massachusetts, additional conditions addressing long term operation, maintenance and monitoring considerations, including repair, removal or replacement, are necessary to ensure that such protection will be provided. The System can be installed on facilities that meet the criteria of 310 CMR 15.286 (4). 3. Plans and specifications of each proposed individual system shall be stamped and signed by either a Massachusetts Registered Professional Engineer or a Massachusetts Registered Sanitarian., 4. Any required operation and maintenance, monitoring and testing shall be performed in accordance with a Department approved plan. Any required 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 0 FAST Provisional Use Approval III Page:, 4 Department's written approval. It shall be a violation of this Approval to falsify any data collected pursuant to an approved testing plan, to omit any required data or to fail to submit any report required by such plan. S. The facility served by the System and the System itself shall be open to inspection and sampling by the Department and the local approving authority at,all reasonable times. 6. 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 as it deems necessary to protect public health, safety, welfare and the environment. 7. The owner or operator shall provide written notice of this Approval, prior to the signing of a purchase and sale agreement for the facility served b'y"the System or any portion thereof, to any.new owner or operator. S. Design and installation shall be in strict conformance with the Company's DEP approved plansand specifications, 310 CMR 15.000 and this Approval. The system shall be constructed in accordance with 310 CMR 15.100 - 15.279, subject to the provisions of this Approval. 9. The Department has not determined that the performance of the System is likely to provide a level of protection to public health and safety and the environment that is at least equivalent to that of a sanitary sewer system. Accordingly, no.new System shall be constructed, and no System shall be upgraded or expanded, except as provided for in 310 CMR 15.004 (i.e. if it is feasible to connect the facility to a sanitary sewer, a variance as provided for in 310 CMR 15.004(4)(b) must be obtained for use of the System). Special Conditions applicable to the System Owner/Operator 1. The System is approved in connection with the discharge of sanitary wastewater only. Any non -sanitary wastewater generated and/or used at the facility served by the System shall not be introduced into the System and shall be lawfully disposed of. 2. Effluent discharge concentrations shall meet or exceed secondary treatment standards of 30 mg/L BODS, 30 mg/L TSS and a minimum of 85% of the influent BODS and TSS shall be removed. The effluent pH shall not vary more than 0.5 standard units from the influent water supply. �.Far;,re•si.dent>i,a:l,,.uses , .,,total,.,ni,t.rogen,.,concentx.ation: ,in .the':�e,f.fhue_n.t. dial ;:znot..:e'xcee3.:.�19.-'mg./L 'and.,a: minimum, af,v;; 55,: "af`the-influent-total nitrogen concentration 'shall' be removed. For non-residential uses, total nitrogen concentration in the effluent shall not exceed 25 mg/L • • FAST Provisional Use Approval Page: 5 and.a minimum of 40% of the influent total nitrogen • concentration shall be removed. 3. Maintenance agreement: i. Throughout its life, the System shall be under a maintenance agreement. No maintenance agreement shall be for less than two years. ii. No System shall be used until a maintenance agreement and contingency plan are approved by the Department and the local approving authority which: - provides for the contracting of a person or firm competent in providing services consistent with the System's specifications and the operation and maintenance requirements specified by the design engineer and any specified by the Department; - contains procedures for notification to the Department and the local board of health within 24 hours of a System failure or alarm event and for corrective measures to be taken immediately. - provides the name of the Massachusetts certified operator or operators that will operate the System in accordance with Massachusetts regulations 257 CMR 2:00. 4. The owner/operator of the System shall at all times properly operate and maintain the System in accordance with the Department approved plan.. • 5. The owner/operator shall furnish the Department within a reasonable time any information which the Department may request to determine whether cause exists for modifying, revoking, reissuing or terminating this Approval or to determine whether the Company and/or the owner/operator is complying with the terms and conditions of this Approval and 310 CMR 15.000. 6. Prior to installation of the System, the (proposed) owner/operator shall submit to the Department the written approval of the local approving authority, together with a copy of the complete application submitted to the local approving authority. The application shall be deemed approved by the Department if, within 60 days of receipt of a complete application, the Department fails to either: a. request additional information in writing from the proposed owner/operator; b. grant a written approval, which may include any. conditions the Department deems appropriate, including but not limited to financial assurances, to protect public health, safety, welfare or the environment; or C. deny the application in writing. In the event the Department requests additional information from the proposed owner/operator, the 60 day period for Department review shall commence upon • FAST Provisional Use Approval Page; 6 the Department's receipt of such additional information. . IV. Special Conditions applicable to the Company 1. The Company annually shall submit to the Department, by January 31 of each year, a report, signed by a corporate officer, general partner or Company owner, stating, for the previous calendar year, the number of units sold for use in Massachusetts, all known failures, malfunctions, and corrective actions taken and the location of each such event. The list shall include at a minimum the location of each System sold, the owner/operators name, the type of use (e.g. residential, commercial, `school, etc:')' and the -design flow. 2. The Company shall notify the Director of the Division of Water Pollution Control at least thirty (30) days in advance of the proposed transfer of ownership of the technology for which this Approval is issued. Said notification shall include a written agreement between the existing and new owner containing a specific date for transfer of ownership, responsibility, coverage and liability between them. 3. The Company shall furnish the Department within a reasonable time any information which the Department may request to determine whether cause exists for • modifying, revoking, reissuing or terminating this Approval or to determine whether the Company and/or the. owner operator is complying with the terms and conditions of this Approval and 310 CMR 15.000. 4. The Company shall provide any purchaser of the System with a copy of this Approval prior to any sale of the System. In any contract for distribution and/or sale of the System, the Company shall require the distributor or seller to provide the purchaser of the System, prior to any sale of the System, with.a copy of this Approval. S. Influent and effluent from the System shall be monitored monthly for the first six months of operation, and quarterly thereafter. At a minimum the following parameters shall be monitored: pH, BODS, TSS, TKN, NO3-N, and ammonia. At the discretion of the Company, additional testing may be provided if at any time after the first six months the total effluent Nitrogen is higher than 15 mg/l. The additional testing ;: .hall >consiw st<af=,.eek-ly;m .:onitoring;,for.the,.following Fae.eksa _.Each :;time :`;the :System. is,'montQred,'s'.the:_. wat-er meter? reading 'alsoshall-be 'recorded'. All monitoring data shall be submitted to the Department within 30 days of the sampling date. After three years • FAST Provisional Use Approval Page: 7 of monitoring and at the request of the Company, the • Department may reduce or eliminate the monitoring requirements. 6. If the Company wishes to continue this Provisional Use Approval after its expiration date, the Company shall apply for and obtain a renewal of this Approval. The Company shall submit a renewal application at least 180 days before the expiration date of this Approval, unless written permission for a later date has been granted in writing by the Department. V. Reporting All notices and documents required to be submitted to the Department by this Approval shall be submitted -to: Director Division of Water Pollution Control Department of Environmental Protection One Winter Street - 8th floor Boston, Massachusetts 02108 VI. Expiration date • Notwithstanding the expiration date of this Approval, any System sold and installed prior to the expiration date of this Approval, and approved, installed and maintained in compliance with this Approval (as it may be modified) and 310 CMR 15.000, may remain in use unless the Department, the local approving authority, or a court requires the System to be modified or removed, or requires discharges to the System to cease. VII. Rights of the Department The Department may suspend, modify or revoke this Provisional Use Approval for cause, including, but not limited to, non-compliance with the terms of this Approval, non-payment of the annual compliance -assurance fee, for obtaining the Approval by misrepresentation or failure to disclose fully all relevant facts or any change in or discovery of conditions that would constitute grounds for discontinuance of the Approval, or as necessary for the protection of public health, safety, welfare or the environment, and as authorized by applicable law. The Department reserves its rights to take any enforcement action authorized by law with respect to this Approval and/or'the System against the owner, or operator of the System and/or the Company. 0 FAST Provisional Use Approval VIII.Right of Appeal Page:, 8 This Approval is an action of the Department. Any person aggrieved by this action may request an adjudicatory hearing. A request for a hearing must be made in writing and.postmarked within thirty (30) days of the date of issuance of this Approval. Under 310 CMR 1.01(6)(b), the request must state clearly and concisely the facts which are the grounds for the request, and the relief sought. The hearing request along with a valid check payable to Commonwealth of Massachusetts in the amount of one hundred dollars ($100.00) must be mailed to: Commonwealth of Massachusetts - ,.. Department of Environmental Protection P.O. Box 4062 Boston, MA 02211 The request will be dismissed if the filing fee is not paid, unless the appellant is exempt or granted a waiver as described below. The filing fee is not required if the appellant is a city or town (or municipal agency), county, or district of the Commonwealth of Massachusetts,.or a municipal housing authority. The Department may waive the adjudicatory hearing filing fee for a person who shows that paying the fee will create an undue financial hardship. A person seeking a waiver must file, together with the hearing request as provided above, an affidavit setting forth the facts believed to support the claim of undue financial hardship. • • 0 kiCommonweotth of Massachusetts Executive Office of Environmental Affairs Department of Environmental Protection William F. Weld Gow,no, Trudy Coxe ssorsis.V. EOEA Thomas B. Powers Ad,nq Commissioner REMEDIAL USE APPROVAL Pursuant to Title 5, 310 CMR 15.000 Name and Address of Applicant: Saneco, Inc. P.O. Box 9B, 65 Eastern Avenue Essex, MA 01929 Trade name of technology and model numbers: Low -rate Intermittent Sand Filter used in conjunction with OSI Screened pump vault model SV15 as manufactured by Orenco Systems, Inc. (hereinafter the "System") Date of Application: December 23, 1994 Transmittal Number: 97892 Date of Issuance: March 24, 1995 Modified: April 26, 1995 Effective date: March 31, 1995 Expiration date: March 31, 2000 Authority for Issuance Pursuant to Title 5 of the State Environmental Code, 310 CMR 15.000, the Department of Environmental Protection hereby issues this Remedial Use Approval to: Saneco, Inc., P.O. Box 9B, 65 Eastern Avenue, Essex, MA 01929 (hereinafter "the Company"), for Remedial Use in the Commonwealth of Massachusetts of the System described herein. Sale and use of the System are conditioned on and subject to compliance by the Company and the System owner/operator with the terms and conditions set forth below. Any noncompliance with the terms or conditions of this Approval constitutes a violation of 310 CMR 15.000. / � .0 v � o n J. Hi ins, A g Director Date I ision o Water lution Control bepartment of Environmental Protection One Winter Street 0 Boston, Massachusetts 02108 • FAX (617) 556-1049 • Telephone (617) 292.5500 Sansco Remedial Use Approval Page: 2 I. Design Standards The System shall be installed in series between the septic tank and the leaching system of a standard Title 5 system in a manner which neither intrudes on, replaces a component of, nor adversely affects the operation of a Title 5 system as constructed in accordance with 310 CMR 15.100 - 15.279, subject to the provisions of this Approval.' A. Reduced Soil Absorption System The System may be used in soils with a percolation rate of up to 90 min./inch. For soils with a percolation rate of 60 to 90 min./inch, the effluent loading rate shall be 0.15 gpd / sq.ft. The required soil absorption system area may be reduced by 50% if all of the following conditions are met: 1. No reduction in required setbacks from public or private wells, bordering vegetated wetlands, surface waters, salt marshes, coastal banks, certified vernal pools, water supply lines, surface water supplies or tributaries to surface water supplies, or drains which discharge to surface water supplies or their tributaries, is allowed without a variance; 2. No reduction in the required groundwater separation distance is allowed; 3. No reduction in the required four feet of naturally . occurring pervious material is allowed. B. Reduction of the Groundwater Separation Distance In approving use of the System by a particular owner/operator, the local approving authority may allow a reduction in the required four foot separation (in soils with a recorded percolation rate of more than two minutes per inch) or the required five foot separation (in soils with a recorded percolation rate of two minutes or less per inch) between the bottom of the soil absorption system and the high groundwater elevation, provided that all of the following conditions are met: 1. A minimum two foot separation (in soils with a recorded percolation rate of more than two minutes per inch) or a minimum three foot separation (in soils with a recorded percolation rate of two minutes or less per inch) between the bottom of the soil absorption system and the high groundwater elevation is maintained; 2. No reduction in the soil absorption system size required by 310 CMR 15.242 or setbacks from public or private wells, bordering vegetated wetlands, surface waters, salt marshes, coastal banks, certified vernal J Saneco Remedial Use Approval Page: 3 pools, water supply lines, surface water supplies or tributaries to surface water supplies, or drains which discharge to surface water supplies or their tributaries may be allowed without a variance pursuant to 310 CMR 15.410 et sea; 3. No reduction in the required four feet of naturally occurring pervious material is allowed. C. Reduction of the Requirement for four feet of Naturally occurring Pervious Material Where the proposed owner/operator of the System has demonstrated that the alternatives of siting an on-site system with four feet of"naturally occurring pervious material or connection to a sanitary sewer or to a shared system are not feasible, the local approving authority may allow the repair or replacement of the disposal area with no less than two feet of naturally occurring pervious material, with the use of the System, provided that all of the following conditions are met: 1. the four feet requirement cannot be met anywhere on the site, or on an adjacent property with appropriate easements; 2. No reduction in the soil absorption system size required by 310 CMR 15.242 or setbacks from public or private wells, bordering vegetated wetlands, surface waters, salt marshes, coastal banks, certified vernal pools, water supply lines, surface water supplies or tributaries to surface water supplies, or drains which discharge to surface water supplies or their tributaries may be allowed without a variance pursuant to 310 CMR 15.410 et sec; 3. No reduction in the required groundwater separation distance is allowed. II. General Conditions 1. All provisions of 310 CMR 15.000 are applicable to the use of the System, the owner/operator, and the Company, except those which specifically may be allowed to be varied under the terms of this Approval. 2. An approved Soil Evaluator shall perform the soil evaluation in accordance with 310 CMR 15.100 et seg. 3. Pressure dosing designed in accordance with Department guidance is required. 4. Plans and specifications shall be stamped and signed by either a Massachusetts Registered Professional Engineer or a Massachusetts Registered Sanitarian. 5. Any required operation and maintenance, monitoring and testing shall be performed. Any required sample 11 neco Remedial Use Approval Page: 4 analysis shall be conducted by an independent U.S. EPA or Commonwealth of Massachusetts approved testing laboratory, or an approved independent university laboratory. It shall be a violation of this Approval to falsify any data collected pursuant to an approved testing plan, to omit any required data or to fail to submit any report required by such plan. 6. The facility served by the System and the System itself shall be open to inspection and sampling by the Department and the local approving authority at all reasonable times. 7. The Department and/or the local approving authority may require the owner/operator of the System to cease operation of the system and/or to take any other action as it deems necessary to protect public health, safety, welfare and the environment. 8. The Department has not determined that the performance of the System for remedial use 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. Accordingly, the System shall not be used where it is feasible to connect the facility served by the System to a sanitary sewer. 9. Design and installation shall be in strict conformance with 310 CMR 15.000 and this Approval. 11. Nothing in this Approval authorizes any violation of M.G.L. c. 131, § 40, 310 CMR 10.00, or any other law. 12. The Company and owner/operator shall furnish the Department within a reasonable time any information which the Department may request to determine whether cause exists for modifying, revoking, reissuing or terminating this Approval or to determine whether the Company and/or the owner operator is complying with the terms and conditions of this Approval and 310 CMR 15.000. III. Special Conditions applicable to the system Owner/Operator 1. The System is approved for remedial use in connection with the discharge of sanitary wastewater only. Any non -sanitary wastewater generated and/or used at the facility served by the System shall not be introduced into the System and shall be lawfully disposed of. 2. If the System will be used as a shared system as defined by 15.002, the financial assurance requirements for shared systems as may be required pursuant to 15.290 (2) shall apply. 3. Maintenance agreement: i. Throughout its life, the System shall be under a maintenance agreement. No maintenance agreement shall be for less than two years. 0 9 CJ E 0 Saneco Remedial Use Approval Page: 5 ii. The System shall not be constructed/installed until a maintenance agreement and contingency plan are submitted to and approved by the local approving authority, which: provides for the contracting of a person or firm competent in providing services consistent with the System's specifications and the operation and maintenance requirements specified by the design engineer and any specified by the local approving authority contains procedures for notification of the Department and the local board of health within 24 hours of a System failure or alarm event and for corrective measures to be taken immediately. provides the name of the Massachusetts certified operator or operators that will operate the System in accordance with Massachusetts regulations 257 CMR 2:00. 4. Effluent from the System shall be monitored quarterly. At a minimum the following parameters shall be monitored: pH, BODS, TSS. Every time the System is monitored, the water meter reading also shall be recorded. All monitoring data shall be submitted to.the Department by January 31 of each year. After three years of monitoring and at the request of the owner/operator, the local approving authority may reduce or eliminate the monitoring requirements. 5. The owner/operator of the System shall at all times properly operate and maintain the System. 6. When a sanitary sewer connection becomes feasible, the owner/operator of the System shall obtain necessary permits and connect the facility served by the System to the sewer within 60 days of such feasibility and shall abandon the System in compliance with 310 CMR 15.354 unless a later time is allowed in writing by the Department. Iv. Special Conditions applicable to the Company 1. The Company annually shall submit to the Department, by January 31 of each year, a report, signed by a corporate officer, general partner or Company owner, stating, for the previous calendar year, the number of units sold for use in Massachusetts including the owner's name and address, address of the facility served by the System and the design flow; all known failures, malfunctions, and corrective actions taken and the location and date of each such event. 2. The Company shall notify the Director of the Division of Water Pollution Control at least thirty (30) days in advance of the proposed transfer of ownership of the Saneco Remedial Use Approval V. vI Page: technology for which this Approval is issued. The notice shall include the name and address of the new owner, the date of transfer, and the respective responsibilities of the parties relative to the System. All provisions of this Approval applicable to the Company shall be applicable to the successors and assigns of the Company. The Company shall provide any purchaser of the System with a copy of this Approval prior to sale of the System. In any contract for distribution and/or sale of the System, the Company shall require the distributor or seller to provide the purchaser of the System, prior to any sale of .the System, with a copy of this Approval. If the Company wishes to use a System installed under this Approval as a piloting or provisional use demonstration site, the Company shall submit to the Department a notice that the Company wishes to use the site as a demonstration site for their piloting or provisional use application. If the Company wishes to continue this Remedial Use Approval after its expiration date, the Company shall apply for and obtain a renewal of this Approval. The. Company shall submit a renewal application at least 180 days before the expiration date of this Approval, unless written permission for a later date has been granted in writing by the Department. Reporting All notices and documents required to be submitted to the Department by this Approval shall be submitted to: Director, Division of Water Pollution Control Department of Environmental Protection One Winter Street - 8th floor Boston, Massachusetts 02108 Expiration date Notwithstanding the expiration date of this Approval, any System sold and installed prior to the expiration date of this Approval, and approved, installed and maintained in compliance with this Approval (as it may be modified) and 310 CMR 15.000, may remain in use unless the Department, the local approving authority, or a court requires the System to be modified or removed, or requires discharges to the System to cease. i 0 Saneco Remedial Use Approval Page: 7 VII. Rights of the Department . The Department may suspend, modify or revoke this Remedial Use Approval for cause, including, but not limited to, non- compliance with the terms of this Approval, non-payment of the annual compliance assurance fee, for obtaining the approval by misrepresentation or failure to disclose fully all relevant facts or any change in or discovery of conditions that would constitute grounds for discontinuance of the approval, or as necessary for the protection of public health, safety, welfare or the environment, and as authorized by applicable law. The Department reserves its rights to take any enforcement action authorized by law with respect to this Approval and/or the System against the owner or operator of the System or the Company. VIII.Right of Appeal This Approval is an action of the Department. Any person aggrieved by this action may request an adjudicatory hearing. A request for a hearing must be made in writing and postmarked within thirty (30) days of the date of issuance of this Approval. Under 310 CMR 1.01(6)(b), the request must state clearly and concisely the facts which are the grounds for the request, and the relief sought. The hearing request along with a valid check payable to Commonwealth of Massachusetts in the amount of one hundred dollars ($100.00) must be mailed to: Commonwealth of Massachusetts Department of Environmental Protection P.O. Box 4062 Boston, MA 02211 The request will be dismissed if the filing fee is not paid, unless the appellant is exempt or granted a waiver as described below. The filing fee is not required if the appellant is a city or town (or municipal agency), county, or district of the Commonwealth of Massachusetts, or a municipal housing authority. The Department may waive the adjudicatory hearing filing fee for a person who shows that paying the fee will create an undue financial hardship. A person seeking a waiver must file, together with the hearing request as provided above, an affidavit setting forth the facts believed to support the claim of undue financial hardship. 0 11 Commonwealth of Massachusetts Executive Office of Envifonmental Affairs Department of r Environmental Protection William F. Weld Goemor Trudy Coae Secnluy, EGEA Thomas B. Powers AtlMg Cornrnwor , REMEDIAL USE APPROVAL Pursuant to Title 5, 310 CMR 15.000 Trade name of technology and model numbers: Recirculating Sand Filters designed in accordance with Department guidance (hereinafter the "System") Date of Issuance: Modified: Effective date: Expiration date: March 24, 1995 April 26, 1995 March 31, 1995 March 31, 2000 Authority for Issuance Pursuant to Title 5 of the State Environmental Code, 310 CMR 15.000, the Department of Environmental Protection hereby issues this Remedial Use Approval for Remedial Use in the Commonwealth of Massachusetts of the System described herein. Use of the System are conditioned on and subject to compliance by the System owner/operator with the terms and conditions set forth below. Any noncompliance with the terms or conditions of this Approval constitutes a violation of 310 CMR 15.000. Y9hn J. H� gins, ing Director Division of Water llution Control Department of Environmental Protection • One Winter Street 0 Boston, Massachusetts 02108 0 FAX (617) 556.1049 D to 0 Telephone (617) 292.5500 RSF Remedial Use Approval Page: 2 I. Design Standards The System shall be installed in series between the septic tank and the leaching system of a standard Title 5 system in a manner which neither intrudes on, replaces a component of, nor adversely affects the operation of a Title 5 system as constructed in accordance with 310 CMR 15.100 - 15.279, subject to the provisions of this Approval. A. Reduced Soil Absorption System The System may be used in soils with a percolation rate of up to 90 min./inch. For soils with a percolation rate of 60 to 90 min./inch, the effluent loading rate shall be 0.15 gpd / sq.ft. The required soil absorption system area may be reduced by 50% if all of the following conditions are met: 1. No reduction in required setbacks from public or private wells, bordering vegetated wetlands, surface waters, salt marshes, coastal banks, certified vernal pools, water supply lines, surface water supplies or tributaries to surface water supplies, or drains which discharge to surface water supplies or their tributaries, is allowed without a variance; 2. No reduction in the required groundwater separation distance is allowed; 3. No reduction in the required four feet of naturally occurring pervious material is allowed. B. Reduction of the Groundwater Separation Distance In approving use of the System by a particular owner/operator, the Department will allow a reduction in the required four foot separation (in soils with a recorded percolation rate of more than two minutes per inch) or the required five foot separation (in soils with a recorded percolation rate of two minutes or less per inch) between the bottom of the soil absorption system and the high groundwater elevation, provided that all of the following conditions are met: 1. A minimum two foot separation (in soils with a recorded percolation rate of more than two minutes per inch) or a minimum three foot separation (in soils with a recorded percolation rate of two minutes or less per inch) between the bottom of the soil absorption system and the high groundwater elevation is maintained. 2. No reduction in the soil absorption system size required by 310 CMR 15.242 or setbacks from public or private wells, bordering vegetated wetlands, surface waters, salt marshes, coastal banks, certified vernal pools, water supply lines, surface water supplies or tributaries to surface water supplies, or drains which discharge to surface water supplies or their . RSF Remedial Use Approval Page: 3 tributaries may be allowed without a variance pursuant to 310 CMR 15.410 et sea; 3. No reduction in the required four feet of naturally occurring pervious material is allowed. C. Reduction of the Requirement for four feet of Naturally Occurring Pervious Material Where the proposed owner/operator of the System has demonstrated that the alternatives of siting an on-site system with four feet of naturally occurring pervious material or connection to a sanitary sewer or to a shared system are not feasible, the Department -will allow the repair or replacement of the disposal area with no less than two feet of naturally occurring pervious material, with the use of the System, provided that all of the following conditions are met: 1. the four feet requirement cannot be met anywhere on the site, or on an adjacent property with appropriate easements; 2. No reduction in the soil absorption system size required by 310 CMR 15.242 or setbacks from public or private wells, bordering vegetated wetlands, surface waters, salt marshes, coastal banks, certified vernal pools, water supply lines, surface water supplies or tributaries to surface water supplies, or drains which • discharge to surface water supplies or their tributaries may be allowed without a variance pursuant to 310 CMR 15.410 et sea; 3. No reduction in the required groundwater separation distance is allowed. II. General Conditions 1. All provisions of 310 CMR 15.000 are applicable to the use of the System, the owner/operator, and the Designer, except those which specifically may be allowed to be varied under the terms of this Approval. 2. An approved Soil Evaluator shall perform the soil evaluation in accordance with 310 CMR 15.100 et sec. 3. Pressure dosing designed in accordance with Department guidance is required. 4. Plans and specifications shall be stamped and signed by either a Massachusetts Registered Professional Engineer or a Massachusetts Registered Sanitarian. 5. Any required operation and maintenance, monitoring and testing shall be performed. Any required sample analysis shall be conducted by an independent U.S. EPA or Commonwealth of Massachusetts approved testing laboratory, or an approved independent university laboratory. It shall be a violation of this Approval to falsify any data collected pursuant to an approved 0 RSF Remedial Use Approval Page: 4 testing plan, to omit any required data or to fail to submit any report required by such plan. 6. The facility served by the System and the System itself .shall be open to inspection and sampling by the Department and the local approving authority at all reasonable times.. 7. The Department and/or the local approving authority may require the owner/operator of the System to cease operation of the system and/or to take any other action as it deems necessary to protect public health, safety, welfare and the environment. 8. The Department has not determined that the performance of the System for remedial use 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. Accordingly, the System shall not be used where it is feasible to connect the facility served by the System to a sanitary sewer. 9. Design and installation shall be in strict conformance with 310 CMR 15.000 and this Approval. 10. Nothing in this Approval authorizes any violation of M.G.L. c. 131, § 40, 310 CMR 10.00, or any other law. 11. The local approving authority shall submit to the Department, a copy of the written approval. III. Special Conditions applicable to the System Owner/Operator 1. The System is approved for remedial use in connection with the discharge of sanitary wastewater only. Any non -sanitary wastewater generated and/or used at the facility served by the System shall not be introduced into the System and shall be lawfully disposed of. 2. If the System will be used as a shared system as defined by 15.002, the financial assurance requirements for shared systems as may be required pursuant to 15.290 (2) shall apply. 3. Maintenance agreement: i. Throughout its life, the System shall be under a maintenance agreement. No maintenance agreement shall be for less than two years. ii. The System shall not be constructed/installed until a maintenance agreement and contingency plan are submitted to and approved by the local approving authority which: - provides for the contracting of a person or firm competent in providing services consistent with the System's specifications and the operation and maintenance requirements specified by the design engineer and any specified by the local approving authority; - contains procedures for notification of the Department and the local board of health within 24 0 0 RBF Remedial Use Approval Page: 5 hours of a System failure or alarm event and for corrective measures to be taken immediately. provides the name of the Massachusetts certified operator or operators that will operate the System in accordance with Massachusetts regulations 257 CMR 2:00. 4. Effluent from the System shall be monitored quarterly. At a minimum the following parameters shall be monitored: pH, BODS, TSS. Every time the System is monitored, the water meter reading also shall be recorded. All monitoring data shall be submitted to the Department by January 31 of each year. After three years of monitoring and at the request of the ----- owner/operator, .owner/operator, the Department may reduce or eliminate the monitoring requirements. 5. The owner/operator of the System shall at all times properly operate and maintain the System. 6. When a sanitary sewer connection becomes feasible, the owner/operator of the System shall obtain necessary permits and connect the facility served by the System to the sewer within 60 days of such feasibility and shall abandon the System in compliance with 310 CMR 15.354 unless a later time is allowed in writing by the Department. 7. The owner/operator shall furnish the Department within a reasonable time any information which the Department may request to determine whether cause exists for modifying, revoking, reissuing or terminating this Approval or to determine whether the owner/operator is complying with the terms and conditions of this Approval and 310 CMR 15.000. IV. Reporting All notices and documents required to be submitted to the Department by this Approval shall be submitted to: Director Division of Water Pollution Control Department of Environmental Protection One Winter Street - 8th floor Boston, Massachusetts 02108 V. Expiration date Notwithstanding the expiration date of this Approval, any System sold and installed prior to the expiration date of this Approval, and approved, installed and maintained in compliance with this Approval (as it may be modified) and 310 CMR 15.000, may remain in use unless the Department, the local approving authority, or a court requires the System to be modified or removed, or requires discharges to the System to cease. RSF Remedial Use Approval VI. Rights of the Department Page: 6 The Department may suspend, modify or revoke this Remedial Use Approval for cause, including, but not limited to, non- compliance with the .terms of this Remedial Use Approval, for obtaining the approval by misrepresentation or failure to disclose fully all relevant facts or any change in or discovery of conditions that would constitute grounds for discontinuance of the approval, or as necessary for the protection of public health, safety, welfare or the environment, and as authorized by applicable law. The Department reserves its rights to take any enforcement action authorized by law with respect to this Approval and/or the System against the owner, and/or operator of the System. VII. Right of Appeal This Approval is an action of the Department. Any person aggrieved by this action may request an adjudicatory hearing. A request for a hearing must be made in writing and postmarked within thirty (30) days of the date of issuance of this Approval. Under 310 CMR 1.01(6)(b), the request must state clearly and concisely the facts which are the grounds for the request, and the relief sought. The hearing request along with a valid check payable to Commonwealth of Massachusetts in the amount of one hundred dollars ($100.00) must be mailed to: Commonwealth of Massachusetts Department of Environmental Protection P.O. Box 4062 Boston, MA 02211 The request will be dismissed if the filing fee is not paid, unless the appellant is exempt or granted a waiver as described below. The filing fee is not required if the appellant is a city or town (or municipal agency), county, or district of the Commonwealth of Massachusetts, or a municipal housing authority. The Department may waive the adjudicatory hearing filing fee for a person who shows that paying the fee will create an undue financial hardship. A person seeking a waiver must file, together with the hearing request as provided above, an affidavit setting forth the facts believed to support the claim of undue financial hardship. 11 0 U kiCommonwealth of Massachusetts Executive Office of Environmentol Affairs Department of Environmental Protection WIIIiam F. Weld G.nno, Trudy Co:e Secre�uy. EOEA Thomas B. Powers Acing Commissioner REMEDIAL USE APPROVAL Pursuant to Title 5, 310 CMR 15.000 Name and Address of Applicant: Smith & Loveless, Inc. 14040 Santa Fe Trail Drive Lenexa, KS 66215 Trade name of technology and model numbers: Smith & Loveless Single Home FAST and Modular FAST (hereinafter the "System") Date of Application: Transmittal Number December 23, 1994 98300 & 98299 Date of Issuance: March 24, 1995 Modified: April 26, 1995 • Effective date: March 31, 1995 Expiration date: March 31, 2000 Authority for Issuance Pursuant to Title 5 of the State Environmental Code, 310 CMR 15.000, the Department of Environmental Protection hereby issues this Remedial Use Approval to: Smith & Loveless, Inc., 14040 Santa Fe Trail Drive, Lenexa, KS 66215 (hereinafter "the Company"), for Remedial Use in the Commonwealth of Massachusetts of the System described herein. Sale and use of the System are conditioned on and subject to compliance by the Company and the System owner/operator with the terms and conditions set forth below. Any noncompliance with the terms or conditions of this Approval constitutes a violation of 310 CMR 15.000. in J. gins, cting Director Da�sion f Wa Pollution Control Department of Environmental Protection One Winter Street • Boston, Massachusetts 02108 0 FAX (617) 556-1049 a Telephone (617) 292-5500 FAST Remedial Use Approval Page: 2 I. Design Standards The System shall be installed in series between the septic tank and the leaching system of a standard Title 5 system in a manner which neither intrudes on, replaces a component of, nor adversely affects the operation of a Title 5 system as constructed in accordance with 310 CMR 15.100 - 15.279, subject to the provisions of this Approval. A. Reduced Soil Absorption System The System may be used in soils with a percolation rate of up to 90 min./inch. For soils with a percolation rate of 60 to 90 mina/inch, the effluent loading rate shall be 0.15 gpd / sq.ft. The required soil absorption system area may be reduced by 50% if all of the following conditions are met: 1. No reduction in required setbacks from public or private wells, bordering vegetated wetlands, surface waters, salt marshes, coastal banks, certified vernal pools, water supply lines, surface water supplies or tributaries to surface water supplies, or drains which discharge to surface water supplies or their tributaries, is allowed without a variance; 2. No reduction in the required groundwater separation distance is allowed; 3. No reduction in the required four feet of naturally occurring pervious material is allowed. B. Reduction of the Groundwater Separation Distance In approving use of the System by a particular owner/operator, the local approving authority may allow a reduction in the required four foot separation (in soils with a recorded percolation rate of more than two minutes per inch) or the required five foot separation (in soils with a recorded.percolation rate of two minutes or less per inch) between the bottom of the soil absorption system and the high groundwater elevation., provided that all of the following conditions are met: 1. A minimum two foot separation (in soils with a recorded percolation rate of more than two minutes per inch) or a minimum three foot separation (in soils with a recorded percolation rate of two minutes or less per inch) between the bottom of the soil absorption system and the high groundwater elevation is maintained; 2. No reduction in the soil absorption system size required by 310 CMR 15.242 or setbacks from public or private wells, bordering vegetated wetlands, surface waters, salt marshes, coastal banks, certified vernal 0 PAST Remedial Use Approval Page: 3 pools, water supply lines, surface water supplies or • tributaries to surface water supplies, or drains which discharge to surface water supplies or their tributaries may be allowed without a variance pursuant to 310 CMR 15.410 et sec; 3. No reduction in the required four feet of naturally occurring pervious material is allowed. C. Reduction of the Requirement for four feet of Naturally occurring Pervious Material Where the proposed owner/operator of the System has demonstrated that the alternatives of siting an on-site system with four feet of -naturally occurring pervious material or connection to a sanitary sewer or to a shared system are not feasible, the local approving authority may allow the repair or replacement of the disposal area with no less than two feet of naturally occurring pervious material, with the use of the System, provided that all of the following conditions are met: 1. the four feet requirement cannot be met anywhere on the site, or on an adjacent property with appropriate easements; 2. No reduction in the soil absorption system size required by 310 CMR 15.242 or setbacks from public or private wells, bordering vegetated wetlands, surface waters, salt marshes, coastal banks, certified vernal pools, water supply lines, surface water supplies or tributaries to surface water supplies, or drains which discharge to surface water supplies or their tributaries may be allowed without a variance pursuant to 310 CMR 15.410 et sea; 3. No reduction in the required groundwater separation distance is allowed. II. General Conditions 1. All provisions of 310 CMR 15.000 are applicable to the use of the System, the-owner/operator, and the Company, except those which specifically may be allowed to be varied under the terms of this Approval. 2. An approved Soil Evaluator shall perform the soil evaluation in accordance with 310 CMR 15.100 et sec. 3. Pressure dosing designed in accordance with Department guidance is required. 4. Plans and specifications shall be stamped and signed by either a Massachusetts Registered Professional Engineer or a Massachusetts Registered Sanitarian. 5. Any required operation and maintenance, monitoring and testing shall be performed. Any required sample 0 FAST Remedial Use Approval Page: 4 analysis shall be conducted by an independent U.S. EPA or Commonwealth of Massachusetts approved testing laboratory, or an approved independent university laboratory. It shall be a violation of this Approval to falsify any data collected pursuant to an approved testing plan, to omit any required data or to fail to submit any report required by such plan. 6. The facility served by the System and the System itself shall be open to inspection and sampling by the Department and the local approving authority at all reasonable times. 7. The Department and/or the local approving authority may require the owner/operator of the System to cease operation of the system and/or to take any other action as it deems necessary to protect public health, safety, welfare and the environment. 8. The Department has not determined that the performance of the System for remedial use 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. Accordingly, the System shall not be used where it is feasible to connect the facility served by the System to a sanitary sewer. 9. Design and installation shall be in strict conformance with 310 CMR 15.000 and this Approval. 11. Nothing in this Approval authorizes any violation of M.G.L. c. 131, § 40, 310 CMR 10.00, or any other law. 12. The Company and owner/operator shall furnish the . Department within a reasonable time any information which the Department may request to determine whether cause exists for modifying, revoking, reissuing or terminating this Approval or to determine whether the Company and/or the owner/ operator is complying with the terms and conditions of this Approval and 310 CMR 15.000. III. Special Conditions applicable to the System Owner/Operator 1. The System is approved for remedial use in connection with the discharge of sanitary wastewater only. Any non -sanitary wastewater generated and/or used at the facility served by the System shall not be introduced into the System and shall be lawfully disposed of. 2. If the System will be used as a shared system as defined by 15.002, the financial assurance requirements for shared systems as may be required pursuant to 15.290 (2) shall apply. 3. Maintenance agreement: i. Throughout its life, the System shall be under a maintenance agreement. No maintenance agreement shall be for less than two years. r1 U 0 0 PAST Remedial Use Approval Page: 5 ii. The System shall not be constructed/installed until a maintenance agreement and contingency plan are submitted to and approved by the local approving authority which: provides for the contracting of a person or firm competent in providing services consistent with the System's specifications and the operation and maintenance requirements specified by the design engineer and any specified by the local approving authority; contains procedures for notification of the Department and the local board of health within 24 hours of a System failure or alarm event and for corrective measures to be taken immediately. provides the name of the Massachusetts certified operator or operators that will operate the System in accordance with Massachusetts regulations 257 CMR 2:00. 4. Effluent from the System shall be monitored quarterly. At a minimum the following parameters shall be monitored: pH, BODS, TSS. Every time the System is monitored, the water meter reading also shall.be recorded. All monitoring data shall be submitted to the Department by January 31 of each year. After three years of monitoring and at the request of the owner/operator, the local approving authority may reduce or eliminate the monitoring requirements. 5. The owner/operator of the System shall at all times properly operate and maintain the System. 6. When a sanitary sewer connection becomes feasible, the owner/operator of the System shall obtain necessary permits and connect the facility served by the System to the sewer within 60 days of such feasibility and shall abandon the System in compliance with 310 CMR 15.354 unless a later time is allowed in writing by the Department. Iv. special Conditions applicable to the Company 1. The Company annually shall submit to the Department, by January 31 of each year, a report, signed by a corporate officer, general partner or Company owner, stating, for the previous calendar year, the number of units sold for use in Massachusetts including the owner's name and address, address of the facility served by the System and the design flow; all known failures, malfunctions, and corrective actions taken and the location and date of each such event. 2. The Company shall notify the Director of the Division of Water Pollution Control at least thirty (30) days in advance of the proposed transfer of ownership of the FAST Remedial Use Approval Page: 6 technology for which this Approval is issued. The notice shall include the name and address of the new . owner, the date of transfer, and the respective responsibilities of the parties relative to the System. All provisions of this Approval applicable to the Company shall be applicable to the successors and assigns of the Company. 3. The Company shall provide any purchaser of the System with a copy of this Approval prior to sale of the System. In any contract for distribution and/or sale of the System, the Company shall require the distributor or seller to provide the purchaser of the System, prior to any sale of the System, with a copy of this Approval. 4. If the Company wishes to use a System installed under this Approval as a piloting or provisional use demonstration site, the Company shall submit to the Department a notice that the Company wishes to use this site as a demonstration site for their piloting or provisional use application. 5. If the Company wishes to continue this Remedial Use Approval after its expiration date, the Company shall apply for and obtain a renewal of this Approval. The Company shall submit a renewal application at least 180 days before the expiration date of this Approval, unless written permission for a later date has been granted in writing by the Department. V. Reporting All notices and documents required to be submitted to the Department by this Approval shall be submitted to: Director Division of Water Pollution Control Department of Environmental Protection One Winter Street - 8th floor Boston, Massachusetts 02108 VI. Expiration date Notwithstanding the expiration date of this Approval, any System sold and installed prior to the expiration date of this Approval, and approved, installed and maintained in compliance with this Approval (as it may be modified) and 310 CMR 15.000, may remain in use unless the Department, the local approving authority, or a court requires the System to be modified or removed, or requires discharges to the System to cease. 0 0 0 FAST Remedial Use Approval VII. Rights of the Department Page: 7 The Department may suspend, modi 1 Use Approval for cause, includin compliance with the terms of thi the annual compliance assurance approval by misrepresentation or all relevant facts or any change conditions that would constitute of the approval, or as necessary public health, safety, welfare o authorized by applicable law. Th rights to take any enforcement a respect to this Approval and/or or operator of the Systeffi or the VIII.Right of Appeal fy or revoke this Remedla g, but not limited to, pon- s Approval, non-payment of fee, for obtaining the failure to disclose fully in or discovery of grounds for discontinuance for the protection of r the environment, and as e Department reserves its ction authorized by law with the System against the owner Company. This Approval is an action of the Department. Any person aggrieved by this action may request an adjudicatory hearing. A request for a hearing must be made in writing and postmarked within thirty (30) days of the date of issuance of this Approval. Under 310 CMR 1.01(6)(b), the request must state clearly and concisely the facts which are the grounds for the request, and the relief sought. The hearing request along with a valid check payable to Commonwealth of Massachusetts in the amount of one hundred dollars ($100.00) must be mailed to: Commonwealth of Massachusetts Department of Environmental Protection P.O. Box 4062 Boston, MA 02211 The request will be dismissed i unless the appellant is exempt described below. The filing fee appellant is a city or town (or or district of the Commonwealth municipal housing authority. Th adjudicatory hearing filing fee paying the fee will create an u person seeking a waiver must fi request as provided above, an a facts believed to support the c hardship. f the filing fee is not paid, or granted a waiver as is not required if the municipal agency), county, of Massachusetts, or a e Department may waive the for a person who shows that ndue financial hardship. A le, together with the hearing ffidavit setting forth the laim of undue financial M William F. Weld Gowmor Trudy SXtyCoEOEAxa l . Thomas B. Powers Acling Commnaoner Commonwealth of Massachusetts Executive Office of Environmental Affairs Department of Environmental Protection REMEDIAL USE APPROVAL Pursuant to Title 5, 310 CMR 15.000 Name and Address of Applicant: AWT Environmental Inc. 121 Alden Road Fairhaven, MA 02719 Trade name of technology and model numbers: Bioclere 16, 22, 24, and 30 series Units (hereinafter the "System") Date of Application Transmittal Number December 23, 1994 96730 Date of Issuance: March 24, 1995 Modified: April 26, 1995 Effective date: March 31, 1995 Expiration date: March 31, 2000 Authority for Issuance Pursuant to Title 5 of the State Environmental Code, 310 CMR 15.000, the Department of Environmental Protection hereby issues this Remedial Use Approval to: AWT Environmental Inc., 121 Alden Rd., Fairhaven, MA 02719 (hereinafter "the Company"), for Remedial Use in the Commonwealth of Massachusetts of the System described herein. Sale and use of the System are conditioned on and subject to compliance by the Company and the System owner/operator with the terms and conditions set forth below. Any noncompliance with the terms or conditions of this Approval constitutes a violation of 310 CMR 15.000. o n J. gins, ting Director bAte vision f Wate Pollution Control Department of Environmental Protection one Winter Street • Boston, Massachusetts 02108 0 FAX (F 17) 556-1049 • Telephone (617) 292-5500 Bioclere Remedial Use Approval I. Page: 2 Design Standards 0 The System shall be installed in series between the septic tank and the leaching system of a standard Title 5 system in a manner.which neither intrudes on, replaces a component of, nor adversely affects the operation of a Title 5 system as constructed in accordance with 310 CMR 15.100 - 15.279, subject to the provisions of this Approval. A. Reduced Soil Absorption System The System may be used in soils with a percolation rate of up to 90 min./inch. For soils with a percolation rate of 60 to 90 min./inch, the effluent loading rate shall be 0.15 gpd / sq.ft. The required soil absorption system area may be reduced by 50% if all of the following conditions are met: 1. No reduction in required setbacks from public or private wells, bordering vegetated wetlands, surface waters, salt marshes, coastal banks, certified vernal pools, water supply lines, surface water supplies or tributaries to surface water supplies, or drains which discharge to surface water supplies or their tributaries, is allowed without a variance; 2. No reduction in the required groundwater separation distance is allowed; 3. No reduction in the required four feet of naturally occurring pervious material is allowed. B. Reduction of the Groundwater Separation Distance In approving use of the System by a particular owner/operator, the local approving authority may allow a reduction in the required four foot separation (in soils with a recorded percolation rate of more than two minutes per inch) or the required five foot separation (in soils with a recorded percolation rate of two minutes or less per inch) between the bottom of the soil absorption system and the high groundwater elevation, provided that all.of the following conditions are met: 1. A minimum two foot separation (in soils with a recorded percolation rate of more than two minutes per inch) or a minimum three foot separation (in soils with a recorded percolation rate of two minutes or less per inch) between the bottom of the soil absorption system and the high groundwater elevation is maintained; 2. No reduction in the soil absorption system size required by 310 CMR 15.242 or setbacks from public or private wells, bordering vegetated wetlands, surface waters, salt marshes, coastal banks, certified vernal E Bioclere Remedial Use Approval Page: 3 pools, water supply lines, surface water supplies or tributaries to surface water supplies, or drains which discharge to surface water supplies or their tributaries may be allowed without a variance pursuant to 310 CMR 15.410 et sec; 3. No reduction in the required four feet of naturally occurring pervious material is allowed. C. Reduction of the Requirement for four feet of Naturally occurring Pervious Material Where the proposed owner/operator of the System has demonstrated that the alternatives of siting an on-site system with four feet of -naturally occurring pervious material or connection to a sanitary sewer or to a shared system are not feasible, the local approving authority may allow the repair or replacement of the disposal area with no less than two feet of naturally occurring pervious material, with the use of the System, provided that all of the following conditions are met: 1. the four feet requirement cannot be met anywhere on the site, or on an adjacent property with appropriate easements; 2. No reduction in the soil absorption system size required by 310 CMR 15.242 or setbacks from public or private wells, bordering vegetated wetlands, surface waters, salt marshes, coastal banks, certified vernal pools, water supply lines, surface water supplies or tributaries to surface water supplies, or drains which discharge to surface water supplies or their tributaries may be allowed without a variance pursuant to 310 CMR 15.410 et sec; 3. No reduction in the required groundwater separation distance is allowed. II. General conditions 1. All provisions of 310 CMR 15.000 are applicable to the use of the System, the owner/operator, and the Company, except those which specifically may be allowed to be varied under the terms of this Approval. 2. An approved Soil Evaluator shall perform the soil evaluation in accordance with 310 CMR 15.100 et sea. 3. Pressure dosing designed in accordance with Department guidance is required. 4. Plans and specifications shall be stamped and signed by either a Massachusetts Registered Professional Engineer or a Massachusetts Registered Sanitarian. 5. Any required operation and maintenance, monitoring and testing shall be performed. Any required sample Hioclere Remedial Use Approval Page: 4 III. Special Conditions applicable to the System Owner/Operator 1. The System is approved for remedial use in connection with the discharge of sanitary wastewater only. Any non -sanitary wastewater generated and/or used at the facility served by the System shall not be introduced into the System and shall be lawfully disposed of. 2. If the System will be used as a shared system as defined by 15.002, the financial assurance requirements for shared systems as may be required pursuant to 15.290 (2) shall apply. 3. Maintenance agreement: i. Throughout its life, the System shall be under a maintenance agreement. No maintenance agreement shall be for less than two years. 0 analysis shall be conducted by an independent U.S. EPA or Commonwealth of Massachusetts approved testing laboratory, or an approved independent university • laboratory. It shall be a violation of this Approval to falsify any data collected pursuant to an approved testing plan, to omit any required data or to fail to submit any report required by such plan. 6. The facility served by the System and the System itself shall be open to inspection and sampling by the Department and the local approving authority at all reasonable times. 7. The Department and/or the local approving authority may require the owner/operator of the System to cease operation of the system and/or to take any other action as it deems necessary to protect public health, safety, welfare and the environment. 8. The Department has not determined that the performance of the System for remedial use 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. Accordingly, the System shall not be used where it is feasible to connect the facility served by the System to a sanitary sewer. 9. Design and installation shall be in strict conformance with 310 CMR 15.000 and this Approval. 11. Nothing in this Approval authorizes any violation of M.G.L. c. 131, § 40, 310 CMR 10.00, or any other law. 12. The Company and owner/operator shall furnish the Department within a reasonable time any information which the Department may request to determine whether cause exists for modifying, revoking, reissuing or terminating this Approval or to determine whether the Company and/or the owner/ operator is complying with the terms and conditions of this Approval and 310 CMR 15.000. III. Special Conditions applicable to the System Owner/Operator 1. The System is approved for remedial use in connection with the discharge of sanitary wastewater only. Any non -sanitary wastewater generated and/or used at the facility served by the System shall not be introduced into the System and shall be lawfully disposed of. 2. If the System will be used as a shared system as defined by 15.002, the financial assurance requirements for shared systems as may be required pursuant to 15.290 (2) shall apply. 3. Maintenance agreement: i. Throughout its life, the System shall be under a maintenance agreement. No maintenance agreement shall be for less than two years. 0 0 • Hioclere Remedial Use Approval Page: 5 ii. The System shall not be constructed/installed until a maintenance agreement and contingency plan are submitted to and approved by the local. approving authority which: provides for the contracting of a person or firm competent in providing services consistent with the System's specifications and the operation and maintenance requirements specified by the design engineer and any specified by the local approving authority; contains procedures for notification of the Department and the local board of health within 24 hours of a System failure or alarm event and for corrective measures to be taken immediately. provides the name of the Massachusetts certified operator or operators that will operate the System in accordance with Massachusetts regulations 257 CMR 2:00. 4. Effluent from the System shall be monitored quarterly. At a minimum the following parameters shall be monitored: pH, BODS, TSS. Every time the System is monitored, the water meter reading also shall be recorded. All monitoring data shall be submitted to the Department by January 31 of each year. After three years of monitoring and at the request of the owner/operator, the local approving authority may reduce or eliminate the monitoring requirements. 5. The owner/operator of the System shall at all times properly operate and maintain the System. 6. When a sanitary sewer connection becomes feasible, the owner/operator of the System shall obtain necessary permits and connect the facility served by the System to the sewer within 60 days of such feasibility and shall abandon the System in compliance with 310 CMR 15.354 unless a later time is allowed in.writing by the Department. Iv. special Conditions applicable to the Company 1. The Company annually shall.submit to the Department, by January 31 of each year, a report, signed by a corporate officer, general partner or Company owner, stating, for the previous calendar year, the number of units sold for use in Massachusetts including the owner's name and address, address. of the facility served by the System and the design flow; all known failures, malfunctions, and corrective actions taken and the location and date of each such event. 2. The Company shall notify the Director of the Division of Water Pollution Control at least thirty (30) days in advance of the proposed transfer of ownership of the Bioclere Remedial Use Approval Page: 6 technology for which this Approval is issued. The notice shall include the name and address of the new owner, the date of transfer, and the respective responsibilities of the parties relative to the System. All provisions of this Approval applicable to the Company shall be applicable to the successors and assigns of the Company. 3. The Company shall provide any purchaser of the System with a copy of this Approval prior to sale of the System. In any contract for distribution and/or sale of the System, the Company shall require the distributor or seller to provide the purchaser of the System, prior to any sale of the System, with a copy of this Approval. 4. If the Company wishes to use a System installed under this Approval as a piloting or provisional use demonstration site, the Company shall submit to the Department a notice that. the Company wishes to use this site as a demonstration site for their piloting or provisional use application. 5. If the Company wishes to continue this Remedial Use Approval after its expiration date, the Company shall - apply for and obtain a renewal of this Approval. The Company shall submit a renewal application at least 180 days before the expiration date of this Approval, unless written permission for a later date has been granted in writing by the Department. V. Reporting 0 All notices and documents required to be submitted to the Department by this Approval shall be submitted to: Director Division of Water Pollution Control Department of Environmental Protection One winter Street - 8th floor Boston, Massachusetts 02108 VI. Expiration date Notwithstanding the expiration date of this Approval, any System sold and installed prior to -the expiration date of this Approval, and approved, installed and maintained in compliance with this Approval (as it may be modified) and 310 CMR 15.000, may remain in use unless the Department, the local approving authority, or a court requires the System to be modified or removed, or requires discharges to the System to cease. V Bioclere Remedial Use Approval Page: 7 VII. Rights of the Department . The Department may suspend, modify or revoke this Remedial Use Approval for cause, including, but not limited to, non- compliance with the terms of this Approval, non-payment of the annual compliance assurance fee, for obtaining the approval by misrepresentation or failure to disclose fully all relevant facts or any change in or discovery of conditions that would constitute grounds for discontinuance of the approval, or as necessary for the protection of public health, safety, welfare or the environment, and as authorized by applicable law. The Department reserves its rights to take any enforcement action authorized by law with respect to this Approval and/or the System against the owner or operator of the System or the Company. VIII.Right of Appeal This Approval is an action of the Department. Any person aggrieved by this action may request an adjudicatory hearing. A request for a hearing must be made in writing and postmarked within thirty (30) days of the date of issuance of this Approval. Under 310 CMR 1.01(6)(b), the request must state clearly and concisely the facts which .are the grounds for the request, and the relief sought. The hearing request along with a valid check payable to Commonwealth of Massachuse`.ts in the amount of one hundred dollars ($100.00) must be mailed to: Commonwealth of Massachusetts Department of Environmental Protection P.O. Box 4062 Boston, MA 02211 The request will be dismissed if the filing fee is not paid, unless the appellant is exempt or granted a waiver as described below. The filing fee is not required if the appellant is a city or town (or municipal agency), county, or district of the Commonwealth of Massachusetts, or a municipal housing authority. The Department may waive the adjudicatory hearing filing fee for a person who shows that paying the fee will create an undue financial hardship. A person seeking a waiver must file, together with the hearing request as provided above, an affidavit setting forth the facts believed to support the claim of undue financial hardship. kicommonweolth of Massachusetts Executive Office of Environmental Affoirs Department of Environmental Protection William F. Weld Governor Trudy Coxe Secrelery, EDEA David B. Struhs Commissioner PILOTING APPROVAL Pursuant to Title 5, 310 CMR 15.000 Name and Address of Applicant: Lenox Institute of Water Technology 101 Yokun Ave. Lenox, MA 01240 Trade name of technology and model numbers: KROFTA Compact Clarifier (KCC) (hereinafter the "System"). Date of Application: Transmittal Number Date of Issuance: Effective date: Expiration date: January 25, 1995 97.918 June 29, 1995 June 29, 1995 June 29, 2000 Authority for Issuance Pursuant to Title 5 of the State Environmental Code, 310 CMR 15.000, the Department of Environmental Protection hereby issues this Approval to: Lenox Institute of Water Technology, 101 Yokun Ave., Lenox, MA 01240 (hereinafter "the Company"), to Pilot in the Commonwealth of Massachusetts the System described herein. Sale and use of the System are conditioned on and subject to compliance by the Company and the System owner/operator with the terms and conditions set forth below. Any noncompliance with the terms or conditions of this Approval constitutes a violation of 310 CMR 15.000. 7110 Dean S. Spen Acting Director Date Division of ater Pollution Control Department of Environmental Protection one Winter Street 0 Boston, Massachusetts 02108 • FAX (617) 556-1049 • Telephone (617) 292.5500 RCC Piloting Approval June 29, 1995 I. Design Standards 1. No more than 15 Systems may be installed under this Approval. 2. The System shall be installed in series between the septic tank and the leaching system of a standard Title 5 system in a manner which neither intrudes on, replaces a component of, nor adversely affects the operation of a Title 5 system as constructed in accordance with 310 CMR 15.100 - 15.279; subject to the provisions of this Approval. II. General Conditions 1. All provisions of 310 CMR 15.000 are applicable to the use of this System, the owner/operator, and the Company, except those which specifically have been varied by the terms of this Approval. 2. This Piloting Approval authorizes the use of the System in Massachusetts, in order to provide field testing and technical demonstration that the System can or cannot function effectively at one or more pilot facilities. Although information obtained during piloting is likely to be relevant to long term operation and maintenance concerns about the System, this Approval is not intended, in and by itself, to provide a full evaluation of these issues. The System may be installed only on facilities that meet the criteria of 310 CMR 15.285 (2). 3. For a proposed individual System with a design flow of greater than 2,000 gallons per day (gpd), plans and specifications shall be stamped and signed by a Massachusetts Registered Professional Engineer. For a proposed individual System with a design flow of 2,000 or fewer gpd, plans and specifications shall be stamped and signed by either a Massachusetts Registered Professional Engineer or a Massachusetts Registered sanitarian. 4. Any required operation and maintenance, monitoring and testing shall be performed in accordance with a . Department approved plan. Any required 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 Department's written approval. It shall be a violation of this Approval to falsify any data collected pursuant to an approved testing plan, to omit any required data or to fail to submit any report required by such plan. Page:2 RCC Piloting Approval June 29, 1995 5. The facility served by the System and the System itself shall be open to inspection and sampling by the Department and the local approving authority at all reasonable times. 6. 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 as it deems necessary to protect public health, safety, welfare and the environment. 7. The owner or operator shall provide written notice of this Approval, prior to the signing of a purchase and sale agreement for the facility served by the System or any portion thereof, to any new owner or operator. 8. Design and installation shall be in strict conformance with the Company's DEP approved plans and specifications, 310 CMR 15.000 and this Approval. The system shall be constructed in accordance with 310 CMR 15.100 - 15.279, subject to the provisions of this Approval. III. Special Conditions applicable to the system owner/operator 1. The System is approved in connection with the discharge of sanitary sewage only. Any non -sanitary sewage wastes generated and/or used at the facility served by the System shall not be introduced into the System and shall be lawfully disposed of. 2. Maintenance agreement: i. Throughout its life, the System shall be under a maintenance agreement. No maintenance agreement shall be for less than two years. ii. No System shall be used until a maintenance agreement and contingency plan are approved by the Department and the local approving authority which: provides for the contracting of a person or firm competent in providing services consistent with the System's specifications and the operation and maintenance requirements specified by the design engineer and any specified by the Department; - contains procedures for notification to the Department and the local board of health within 24 hours of a system failure or alarm event and for corrective measures to be taken immediately. provides the name of the Massachusetts Class 2 certified operator or operators that will operate the System in accordance with Massachusetts regulations 257 CMR 2.00. The operator must maintain the System monthly for the first year, Page:3 RCC Piloting Approval June 29, 1995 J quarterly after that, and anytime there is an alarm condition. 3. The owner/operator of the System shall at all times properly operate and maintain the System in accordance with the Department approved plan. 4. The owner/operator shall furnish the Department within a reasonable time any information which the Department may request to determine whether cause exists'for modifying, revoking, reissuing or terminating this Approval or to determine whether the Company and/or the owner operator is complying with the terms and conditions of this Approval and 310 CMR 15.000. 5. Prior to installation of the System, the (proposed) owner/operator shall submit to the Department the written approval of the local approving authority, together with a copy of the complete application submitted to the local approving authority. The application shall be deemed approved by the Department if, within 60 days of receipt of a complete application, the Department fails to either: a. request additional information in writing from the proposed owner/operator; b. grant a written approval, which may include any conditions the Department deems appropriate, including but not limited to financial assurances, to protect public health, safety, welfare or the environment; or C. deny approval of the System in writing. In the event the Department requests additional information from the proposed owner/operator, the 60 day period for Department review shall commence upon the Department's receipt of such additional information. 6. The owner or operator shall provide written notice to any 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. IV. Special Conditions applicable to the Company 1. The Company annually shall submit to the Department, by January 31 of each year, a report, signed by a corporate officer, general partner or Company owner, .stating, for the previous calendar year, .the number of units sold for use in Massachusetts, all known failures, malfunctions, and corrective actions taken and the address of each such event. The report shall include at a minimum the address of each System sold, Page:4 .r RCC Piloting Approval June 29, 1995 the owner/operator's name, the type of use (residential, commercial, school, institutional) and the design flow. 2. The Company shall notify the Director of the Division of Water Pollution Control at least thirty (30) days in advance of the proposed transfer of ownership of the technology for which this Approval is issued. Said notification shall include the name and address of the new owner and a written agreement between the existing and new owner containing a specific date for transfer of ownership, responsibility, coverage and liability between them. All provisions of this Approval applicable to the Company shall be applicable to the successors and assigns of the Company. 3. The Company shall furnish the Department within a reasonable time any information which the Department may request to determine whether cause exists for modifying, revoking, reissuing or terminating this Approval or to determine whether the Company and/or the owner operator is complying with the terms and conditions of this Approval and 310 CMR 15.000. 4. The Company shall provide any purchaser of the System with a copy of this Approval prior to any sale of the System. In any contract for distribution and/or sale of. the System, the Company shall require the distributor or seller to provide the purchaser of the System, prior to any sale of the System, with a copy of this Approval. 5. Influent and effluent from the System shall be monitored weekly for the first two months, monthly for the following 10 months and quarterly thereafter. At a minimum the following parameters shall be monitored: pH, BODS, TSS, NH3, NO3-N, TKN, PO, -P and Fecal Coliforms. Each time the System is monitored, the water meter reading and the water level in the distribution box shall be recorded. All monitoring data shall be submitted to the Department within 30 days of the sampling date. After 18 months of monitoring and at the request of the Company the Department may reduce or eliminate the monitoring requirements. 6. If the Company wishes to continue this Piloting Approval after its expiration date, the Company shall apply for and obtain a renewal of this Approval. The Company shall submit a renewal application at least 180 days before the expiration date of this Approval, unless written permission for a later date has been granted in writing by the Department. V. Reporting Page:5 RCC Piloting Approval June 29, 1995 I All notices and documents required to be submitted to the Department by this Approval shall be submitted to: Director Division of Water Pollution Control Department of Environmental Protection One Winter Street - 8th floor Boston, Massachusetts 02108 VI. Expiration date Notwithstanding the expiration date of this Approval, any System sold and installed prior to the expiration date of this Approval, and approved, installed and maintained in compliance with this Approval (as it may be modified) and 310.CMR 15.000, may remain in use unless the' Department, the local approving authority, or a court requires the System to be modified or removed,, or requires discharges to the System to cease. VII. Rights of the Department The Department may suspend, modify or revoke this Piloting Approval for cause, including, but not limited to, non- compliance with the terms of this Approval, non-payment of the annual compliance assurance fee, for obtaining the Approval by misrepresentation or failure to disclose fully all relevant facts or any change in or discovery of conditions that would constitute grounds for discontinuance of the Approval, or as necessary for the protection of public health, safety, welfare or the environment; and as authorized by applicable law. The Department reserves its rights to take any enforcement action authorized by law with respect to this Approval and/or the System against the owner, or operator of the System and/or the Company. VIII.Right of. Appeal This Approval is an action of the Department. Any person aggrieved by this action may request an adjudicatory hearing. A request for a hearing must be made in writing and postmarked within twenty one (21) days of the date of mailing of this Approval. Under 310 CMR 1.01(6)(b), the request must state clearly and concisely the facts which are the grounds for the request, and the relief sought. The hearing request along with a valid check payable to Commonwealth of Massachusetts in the amount of one hundred dollars ($100.00) must be mailed to: Page:6 r RCC Piloting Approval June 29, 1995 Commonwealth of Massachusetts Department of Environmental Protection P.O. Box 4062 Boston, MA 02211 The request will be dismissed if the filing fee is not paid,. unless the appellant is exempt or granted a waiver as described below. The filing fee is not required if the appellant is a city or town (or municipal agency); county, or district of the Commonwealth of Massachusetts, or a municipal housing authority. The Department may waive the adjudicatory hearing filing fee for a person who shows that paying the fee will create an undue financial hardship. A person seeking a waiver must file, together with the hearing request as provided above, an affidavit setting forth the facts believed to support the claim of undue financial hardship. Page:7 William F. Weld Governor Trudy Coxe Secrelery, EOEA David B. Struhs Oommmioner Commonwealth of Massachusetts Executive Office of Environmental Affairs Department of Environmental Protection PILOTING APPROVAL Pursuant to Title 5, 310 CMR 15.000 Name and Address of Applicant: Tetra Technologies, Inc. D.L. Clark Building, 503 Martindale Pittsburgh, PA 15212 Trade name of technology and model numbers: Amphidrome Process (hereinafter the "System"). Date of Application: Transmittal Number: Date of Issuance Effective date: Expiration date December 15, 1994 UUMIN June 29, 1995 June 29, 1995 June 29, 2000 Authority for Issuance Pursuant to Title 5 of the State Environmental Code, 310 CMR 15.000, the Department of Environmental Protection hereby issues this Approval to: Tetra Technologies, Inc., D.L. Clark Building, 503 Martindale, Pittsburgh, PA 15212 (hereinafter "the Company"), to Pilot in the Commonwealth of Massachusetts the System described herein. Sale and use of the System are conditioned on and subject to compliance by the Company and the System owner/operator with the terms and conditions set forth below. Any noncompliance with the terms or conditions of this Approval constitutes a violation of 310 CMR 15.000. Dean S. Spetp6r, Acting Director at Division o§vWater Pollution Control Department of Environmental Protection One Winter Street • Boston, Massachusetts 02108 • FAX (617) 556.1049 • Telephone (617) 292-5500 �. Amphidrome Piloting Approval June 29, 1995 i I. Design standards 1. No more than 15 Systems may be installed under this Approval. 1 2. The System shallsbe installed in series between the septic tank and the leaching system of a standard Title 5 system in a manner which neither intrudes on, replaces a component of, nor adversely affects the operation of a Title 5 system as constructed in accordance with 310 CMR 15.100 - 15.279, subject to the provisions of this Approval. 2. The System is approved to be piloted as an equivalent technology to a recirculating sand filter. 3. New Construction: In accordance with 310 CMR 15.217(2) for systems with'a design flow below 2000 gpd, an increase in calculated allowable nitrogen loading per acre is allowed with the use of the System. The System may be used in areas subject to 310 CMR 15.214. When used in such areas: * for residential Systems, the design flow shall not exceed 660 gallons per day per acre, the total nitrogen concentration in the effluent from the System shallnot exceed 19 mg/liter and a minimum of 550 of the influent total nitrogen concentration shall be removed. (This is based on the highest nitrogen loading rate credit of a technology with General Use Certification.). * for non-residential Systems, the design flow shall not exceed 550 gallons per day per acre, the total nitrogen concentration in the effluent from the System shall' not exceed 25 mg/liter and a minimum of 40% of the influent total nitrogen concentration shall be removed. (This is based on the highest nitrogen loading rate credit of a technology with General Use Certification.) The Company seeks to demonstrate that the nitrogen loading limitations established in 310 CMR 15.214 should not apply`with the use of the System. Accordingly, consistent with 310 CMR 15.217(1), data from operation of the System to support an approval of such use should demonstrate that the total nitrogen concentration in�the effluent does not exceed 10 mg/liter and that the System removes a minimum of 76% of the influent total nitrogen concentration. 4. Areas with approved nitrogen loading Plans: For the purpose of aggregate determination of allowable flows and nitrogen loadings per 310 CMR 15.216(1): * for residential flows of less than 2,000 gpd, nitrogen loading of 19 mg/liter of effluent shall be used for Systems installed under this Approval Page:2 Amphidrome Piloting Approval June 29, 1995 l 5. 6. (based on the highest nitrogen loading rate credit .given to a technology with General Use Certification for residential flows); b. for non-residential flows of less than 2,000 gpd, nitrogen loading of 25 mg/liter of effluent shall be used for Systems installed under this Approval (based on the highest nitrogen loading rate credit given to a technology with General Use Certification for non-residential flows). Expansions to existing residential homes: For any existing 2 bedroom residential home, as of March 31, 1995, in areas subject to nitrogen loading limitations, 310 CMR 15.214, the following expansions shall be permitted with the use of this System; a. With an existing minimum lot size of 10,000 sq. ft., up to 3 bedrooms (330 gpd). b. With an existing minimum lot size of 15,000 sq. ft., up to 4 bedrooms (440 gpd). For any existing 3 bedroom residential home, as of March 31, 1995, in areas subject to nitrogen loading limitations, 310 CMR 15.214, the following expansions shall be permitted with the use of this System: with an existing minimum lot size of 15,000 sq. ft., up to 4 bedrooms (440 gpd). Soil Absorption System: The soil absorption system shall be designed in accordance with the following table, subject to the conditions specified: Application Rates (GPD per sq. foot) Perc. Rate (min/inch) < 5 5-10 10-20 Leaching Pits 3.0 2.5 1.5 Leaching Chambers 3.0 2.5 1.5 Leaching Trenches 2.5 1.5 1.0 a. Pressure dosing designed in accordance with Department guidance is required. b. As part of an individual application to install and use the System, the proposed owner/operator of the System shall demonstrate that a'soil absorption system designed in accordance with 310 CMR 15.000 can be installed on the facility, or connection of the facility to a sewer is feasible. II. General conditions 1. All provisions of 310 CMR 15.000 are applicable to ,the use of this System, the owner/operator, and the Company, except those which specifically have been varied by the terms of this Approval. Page:3 Amphidrome Piloting Approvail June 29, 1995 2. This Piloting Approval authorizes the use of the System in Massachusetts,; in order to provide field testing and technical demonstration that the System can or cannot function effectively at one or more pilot facilities. Although information obtained during piloting is likely to be relevant to ,long term operation and maintenance concerns about the System, this approval is not intended, in and by itself, to provide a full evaluation of these issues. The System may be installed only on facilities that meet the criteria of 310 CMR 15.285(2). 1 3. For a proposed individual System with a design flow of greater than 2,000 gallons per day (gpd), plans and specifications shall be stamped and signed by a Massachusetts Registered Professional Engineer. For a proposed individual System with a design flow of 2,000 or fewer gpd, plans and specifications shall be stamped and signed by either a Massachusetts Registered Professional Engineer or a Massachusetts Registered Sanitarian. 4. Any required operation and maintenance, monitoring and testing shall be performed in accordance with a Department approved plan. Any required sample analysis shall be conducted by an independent U.S. EPA or Commonwealth of Massachusetts approved testing laboratory, or anlapproved independent university. laboratory, unless otherwise provided in the Department's written approval. It shall be a violation of this Approval to falsify any data collected pursuant to an approved testing plan, to omit any required data or to fail to submit any report required by such plan. 5. The facility served by the.System and the System itself shall be open to inspection and sampling by the Department and the local approving authority at all reasonable times. 6. The Department and/or the local approving authority may require the ownertor operator of the System to cease operation of the system and/or to take any other action as it deems necessary to protect public health, safety, welfare and the environment. 7. The owner or operator shall provide written notice of this Approval, prior to the. signing of a purchase and sale agreement for the facility served by the System or any portion thereof, to any new owner or operator. 8. Design and installation shall be in strict conformance with the Company's DEP approved plans and specifications, 310 CMR 15.000 and this Approval. The system shall be constructed in accordance with 310 CMR 15.100 - 15.279, subject to the provisions of this Approval. Page:4 Amphidrome Piloting Approval June 29, 1995 III. Special conditions applicable to the System Owner/Operator 1. The System is approved in connection with the discharge of sanitary sewage only. Any non -sanitary sewage wastes generated and/or used at the facility served by the System shall not be introduced into the System and shall be lawfully disposed of. 2. Effluent concentrations discharged from the System shall meet or exceed secondary treatment standards of 30 mg/L BODS, 30 mg/L TSS and a minimum of 85% of the influent BODS and TSS shall be removed. The effluent pH shall not vary more than 0.5 standard units from the influent water supply. For residential uses, total nitrogen concentration in the effluent shall not exceed 19 mg/L and a minimum of 55% of the influent total nitrogen concentration shall be removed. For non- residential uses, total nitrogen concentration in the effluent shall not exceed 25 mg/L and a minimum of 40% of the influent total nitrogen concentration shall be removed 3. Maintenance agreement: i. Throughout its life, the System shall be under.a maintenance agreement. No maintenance agreement shall be for less than two years. ii. No System shall be used until a maintenance agreement and contingency plan are approved by the Department and the local approving authority which: - provides for the contracting of a person or firm competent in providing services consistent with the System's specifications and the operation and maintenance requirements specified by the design engineer and any specified by the Department; contains procedures for notification to the Department and the local board.of health within 24 hours of a system failure or alarm event and for corrective measures to be taken immediately. provides the name of the Massachusetts Class 2 certified operator or operators that will operate the System in accordance with Massachusetts regulations 257 CMR 2.00. The operator must maintain the System monthly for the first year, quarterly after that, and anytime there is an alarm condition. 4. The owner/operator of the System shall at all times properly operate and maintain the System in accordance with the Department approved plan. 5. The owner/operator shall furnish the Department within a reasonable time any information which the Department Page:S Amphidrome Piloting Approval June 29, 1995 may request to determine whether cause exists for modifying, revoking, reissuing or terminating this Approval or to determine whether the Company and/or the owner operator is complying with the terms and conditions of this Approval and 310 CMR 15.000. 6. Prior to installation of the System, the (proposed) owner/operator shall submit to the Department the written approval of the local approving authority, together with a copy of the complete application submitted to the local approving authority. -The application shall be deemed approved by the Department if, within 60 days of receipt of a complete application, the Department fails to either: a. request additional information in writing from the proposed owner/operator; b. grant a written approval, which may include any conditions the Department deems appropriate, including but not limited to financial assurances, to protect public health, safety, welfare or the environment; or C. deny approval of the System in writing._ In the event the Department requests additional information from the proposed owner/operator, the 60 day period for Department review shall commence upon the Department's receipt of such additional information. 7. The owner or operator.shall provide written notice to any new owner or operator that the System is an alternative systen. Such notice shall include notice of the general conditions and any special conditions applicable to the System. 8. As part of an individual application to instal and use the System, the proposed owner/operator of the System shall demonstrate that a soil absorption system designed in accordance with 310 CMR 15.000 can be installed on the facility. Iv. Special Conditions applicable to the Company 1. The Company annually shall submit to the Department, by January 31 of each year, a report, signed by a corporate officer, general partner or Company owner, stating, for the previous calendar year, the number of units sold for use in Massachusetts, all known failures, malfunctions, and corrective actions taken and the address of each such event. The report shall include at a minimum the address of each System sold, the owner/operator's name, the type of use (residential, commercial, school, institutional) and the design flow. Page:6 Amphidrome Piloting Approval June 29, 1995 2. The Company shall notify the Director of the Division of Water Pollution Control at least thirty (30) days in advance of the proposed transfer of ownership of the technology for which this Approval is issued. Said notification shall include the name and address of the new owner and a written agreement between the existing and new owner containing a specific date for transfer of ownership, responsibility, coverage and liability between -them. All provisions of this Approval applicable to the Company shall be applicable to the successors and assigns of the Company. 3. The Company shall furnish the Department within a reasonable time any information which the Department may request to determine whether cause exists for modifying, revoking, reissuing or terminating this Approval or to determine whether the Company and/or the owner operator is complying with the terms and conditions of this Approval and 310 CMR 15.000. 4. The Company shall provide any purchaser of the System with a copy of this Approval prior to any sale of the System. In any contract for distribution and/or sale of the System, the Company shall require the distributor or seller to provide the purchaser of the System, prior to any sale of the System, with a copy of this Approval. 5. Influent and effluent from the System shall be monitored monthly for the first year of operation, and - quarterly thereafter. At a minimum the following parameters shall be monitored: pH, BODS, TSS, TKN, NO3- N, ammonia and Fecal Coliforms. At the discretion of the Company, additional testing may be provided if at any time after the first six months the total effluent Nitrogen is higher than 10 mg/1. The additional testing shall consist of weekly monitoring for the following four weeks. Each time the System is monitored, the water meter reading and the water level, in the distribution box shall be recorded. All monitoring data shall be submitted to the Department within 30 day§ of the sampling date. After 18 months of monitoring and at the request of the Company the Department may reduce or eliminate the monitoring requirements. 6. If the Company wishes to continue this Piloting Approval after its expiration date, the Company shall apply for and obtain a renewal of this Approval. The Company shall submit a renewal application at least 180 days before the expiration date of this Approval, unless written permission for a later date has been granted in writing by the Department. Page:? Amphidrome Piloting Approval V. Reporting June 29, 1995 All notices and documents required to be submitted to the Department by this Approval shall be submitted to: Director Division of Water Pollution Control Department of Environmental Protection one Winter Street - 8th floor Boston, Massachusetts 02108 VI. Expiration date Notwithstanding the expiration date of this Approval, any System sold and installed prior to the expiration date of this Approval, and approved, installed and maintained in compliance with this Approval (as it may be modified) and 310 CMR 15.000, may remain in use unless the Department, the local approving authority, or a court requires the System to be modified or removed, or requires discharges to the System to cease. VII. Rights of the Department The Department may suspend, modify or revoke this Piloting Approval for cause, including, but not limited to, non- compliance with the terms of this Approval, non-payment of the annual compliance assurance fee, for obtaining the Approval by misrepresentation or failure to disclose fully all relevant facts or any change in or discovery of conditions that would constitute grounds for discontinuance of the Approval, or as necessary for the protection of public health, safety, welfare or the environment, and as . authorized by applicable law. The Department reserves its rights to take any enforcement action authorized by law with respect to this Approval and/or the System against the owner, or operator of the System and/or the Company. VIII.Right of Appeal This Approval is an action of the Department. Any person aggrieved by this action may request an adjudicatory hearing. A request for a hearing must be made in writing and postmarked within twenty one (21) days of the date of mailing of this Approval. Under 310 CMR 1.01(6)(b), the request must state clearly and concisely the facts which are the grounds for the request, and the relief sought. The hearing request along with a valid check payable to Page:B , J Amphidrome Piloting Approval June 29, 1995 l Commonwealth of Massachusetts in the amount of one hundred dollars ($100.00) must be mailed to: Commonwealth of Massachusetts Department of Environmental Protection P.O. Box 4062 Boston, MA 02211 The request will be dismissed if the filing fee is not paid, unless the appellant is exempt -or granted a waiver as described below. The filing fee is not required if.the appellant is a city or town (or municipal agency), county, or district of the Commonwealth of Massachusetts, or a municipal housing authority. The Department may waive the adjudicatory hearing filing fee for a person who shows that paying the fee will create an undue financial hardship. A person seeking a waiver must file, together with the hearing request as provided above, an affidavit setting forth the facts believed to support the claim of undue financial hardship. Page:9 William F. Weld Go , TrudyCote S�cn.. EOEA David iy a hs Commonwec;th of fVossochusetts Executive Office cf Env',ronmentol Affairs Department of Environmental Protection CERTIFICATION FOR GENERAL USE Pursuant to Title 5, 310 CMR 15.000 Name and Address of Applicant: Hancor, Inc. 73 Quarry Village Cheshire, CT 06410 Trade name of technology and model numbers: Standard and High Capacity EnviroChambers. The Standard EnviroChamber is 34 inches wide x 75 inches long x 12 inches high and has a storage capacity of 11.6ft3. The High Capacity EnviroChamber is 34 inches wide x 75 inches long x 17 inches high and has a storage capacity of 18.4ft3 (hereinafter the "System"). Date of Application Transmittal Number: Date of Issuance: Effective date: Expiration date: December 23, 1994 97925 August 14, 1995 August 14, 1995 August 14, 2000 Authority for Issuance Pursuant to Title 5 of the State Environmental Code, 310 CMR 15.000, the Department of Environmental Protection hereby issues this Certification for General Use to: Hancor, Inc., 73 Quarry Village, Cheshire, CT 06410 (hereinafter "the Company"), certifying for general use in the Commonwealth of Massachusetts of the System described herein. The Department has determined that the applicant has demonstrated that the System will provide a level of environmental protection at least equivalent to that of a standard on-site, system designed and constructed in accordance with 310 CMR 15.000. Sale and use of the System are conditioned on and subject to compliance by the Company and the System owner/operator with the terms and conditions set forth below. Any noncompliance with the terms or conditions of this Certification constitutes a violation of 310 CMR 15.000. Dean S. Scer, Acting Director Division of Water Pollution Control Department of Environmental Protection One Winter Street a Boston, Massachusetts 02108 a FAX (617) 556-1049 iiI'nnl....rn 4n �<•nl I'al e Telephone (617) 292.5500 EnviroChamber General Use Certification August 14, 1995 0 I. Design Standards 1. The Standard EnviroChamber shall be sized based on 34 inches wide, 75 inches long, and 8 inches invert height, providing an effective leaching area of 26.04 square feet per unit when trench configuration is used. 2. The High Capacity EnviroChamber shall be sized based on 34 inches wide, 75 inches long, and 14 inches invert height, providing an effective leaching area of 32.29 square feet per unit when trench configuration is used. 3. 15.247: The use of aggregate is not required when the System is installed. 4. 15.253(6): The requirement that chamber systems installed in trench configuration be provided with inlets at intervals not to exceed 20 feet is not applicable to the System. I II. General Conditions 1. All provisions of 310 CMR 15.000 are applicable to the use of this System, the owner/operator, and the Company, except those which specifically have been varied by the terms of this Certification. 2. For a System with a design flow of greater than 2,000 gallons per day (gpd), plans and specifications shall be stamped and signed by a Massachusetts Registered Professional Engineer. For a System with a design flow of 2,000 or fewer gpd, plans and specifications shall be stamped and signed by either a Massachusetts Registered Professional Engineer or a Massachusetts Registered Sanitarian. 3. The facility served by the System and the System itself shall be open to inspection and sampling 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 as it deems necessary to protect public health, safety, welfare and the environment. 5. The owner or operator shall provide written notice of this Certification, prior to the signing of a purchase and sale agreement for the facility served by the System or any portion thereof, to any new owner or operator. 6. The Department has not determined that the performance of the 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. Accordingly, no new System shall be constructed, and..no, Page:2 EnviroChamber General Use Certification August 14, 1995 System shall be upgraded or expanded, except as provided for in 310 CMR 15.004 (i.e. if it is feasible to connect the facility to a sanitary sewer, a variance as provided for in 310 CMR 15.004(4)(b) must be obtained for use of the System). 7. Design and installation shall be in strict conformance with the Company's DEP approved plans and specifications, 310 CMR 15.000 and this Certification. The System shall be constructed in accordance with 310 CMR 15.100 - 15.274, subject to the provisions of this Certification. III. Special Conditions applicable to the system Owner/Operator 1. The System is certified in connection with the discharge of sanitary sewage only. Any wastes that are non -sanitary sewage generated and/or used at the facility served by the System shall not be introduced into the System and shall be lawfully disposed of. 2. The owner/operator of the System shall at all times properly operate and maintain the System. 3. The owner/operator shall furnish the Department within a reasonable time any information which the Department may request to determine whether cause exists for modifying, revoking, reissuing or terminating this Certification or to determine whether the Company and/or the owner/ operator is complying with the terms and conditions of this Certification and 310 CMR 15.000. 4. No owner/operator shall authorize or allow the installation of the System other than by a person certified to install such System. IV. Special Conditions applicable to the Company 1. The Company annually shall submit. to the Department, by January 31 of each year, a report, signed by a corporate officer, general partner or Company owner, stating, for the previous calendar year, the number of units of the System sold for use in Massachusetts. The report shall include at a minimum the address of each System, owner's name and address, the type of use (residential, commercial, school, institutional) and the design flow; all known failures, malfunctions, and corrective actions taken and the address of each such event. 2. The Company shall notify the Director of the Division of Water Pollution Control at least thirty (30) days in advance of the proposed transfer of ownership of the Page:3 EnviroChamber General Use Certification August 14, 1995 + technology for which this Certification is issued. The 7 notice shall include the name and address of the new owner, the date for transfer, and the respective responsibilities of the parties relative to the System. All provisions of this Certification applicable to the Company shall be applicable to the successors and assigns of the Company. 3. Boards of.Health shall be instructed on the proper use and installation of the System and the Company shall conduct DEP approved training and certification for installers. 4. The Company shall not sell the System to distributors or installers unless they are trained and certified to install plastic chamber systems. 5. The Company shall furnish the Department within a reasonable time any information which the Department requests to determine whether cause exists for modifying, revoking, reissuing or terminating this Certification or to determine whether the Company and/or any owner/ operator is complying with the terms and conditions of this Certification and 310 CMR 15.000. 6. The Company shall provide any purchaser of the System with a copy of this Certification prior to sale of the System. In any contract for distribution and/or sale of the System, the Company shall require the distributor or seller to provide the purchaser of the System, prior to any sale of the System.., with a copy of. this . Certification. 7. If the Company wishes to use a System installed under this Certification as.a piloting or provisional use . demonstration site, that is, use of the System under - conditions other than as provided in this Certification, the Company shall submit to the, Department the following: * a copy of the complete application subnitted-.to the local approving authority, * the written approval of the local approving authority, and * a notice that the Company wishes to use this site as a demonstration site for their piloting or provisional use application. 8. If the Company wishes to continue this Certification after its expiration date, the Company shall apply for and obtain a renewal of this Certification. The Company shall submit a renewal application at least 180 days before the expiration date of this Certification, unless written permission for a later date has been granted in writing by the Department. Page:4 EnviroChamber General Use Certification August 14, 1995 ;t V. Special Conditions applicable to Installers of the System 1. Each Installer must be permitted pursuant to 310 CMR 15.019 and shall install the System in accordance with DEP approved training provided by the Company and the conditions of this Certification. 2. No Installer shall install the System unless the Installer has been trained and certified by the Company to install the System. VI. Reporting All notices and documents required to be submitted to the Department by this Certification shall be submitted to: Director, Division of Water Pollution. Control Department of Environmental Protection One hinter Street - 8th floor Boston, Massachusetts 02108 VII. Rights of the Department The Department may suspend, modify or revoke this Certification for cause, including, but not limited to, non- compliance with the terms of this Certification, non-payment of the annual compliance assurance fee, for obtaining the Certification by misrepresentation or failure to disclose fully all relevant facts or any change in or discovery of conditions that would constitute grounds for discontinuance of the Certification, or as necessary for the protection of public health, safety, welfare or the environment, and as authorized by applicable law. The Department reserves its rights to take any enforcement action authorized by law with respect to this Certification and/or the System against the owner or operator of the System and/or the Company. VIII.Expiration date Notwithstanding the expiration date of this Certification, any System sold and installed prior to the expiration date of this Certification, and approved, installed and maintained in compliance with this Certification (as it may be modified) and 310 CMR 15.000, may remain in use unless the Department, the local approval authority, or a court requires the System to be modified or removed, or requires discharges to the System to cease.' Page:5 ' a • I EnviroChamber General Use Certification August 14, 1995 Ij SX. Right of Appeal This Certification is an action of the Department. Any person aggrieved by this action may request an adjudicatory hearing. A request for a hearing must be made in writing and postmarked within twenty one (21) days of the date of mailing of this Certification. Under 310 CMR 1.01(6)(b), the request must state clearly and concisely the facts which are the grounds for the request, and the relief sought. The hearing request along with a valid check payable to Commonwealth of Massachusetts in the amount of one hundred dollars ($100.00) must be mailed to: Commonwealth of Massachusetts Department of Environmental Protection P.O. Box. 4062 Boston, Mr., 02211 The request will be dismissed if the filing fee is not paid, unless the appellant is exempt or granted a waiver as described below. The filing fee is not required if the appellant is a city or town (or municipal agency), county, or district of the Commonwealth of Massachusetts, or a municipal housing authority. The Department may waive the adjudicatory hearing filing fee for a person who shows that paying the fee will create an undue financial hardship. A person seeking a waiver must file, together with the hearing request as provided above, an affidavit setting forth the facts believed to support the claim of undue financial hardship. Page::6 William F. Weld CMM, aged Paul Celluccl U. Gwe , . Commonwealth of Massachusetts Executive Office of Environmental Affairs Department of Environmental Protection CERTIFICATION FOR GENERAL USE Pursuant to Title 5, 310 CMR 15.000 Name and Address of Applicant: Tndy Cone 8--t7 Davld B. Struhs oammblaw Analytical Systems, Inc. 11 School Street P.O. Box 720 Sandwich, MA 02563 Trade name of technology and model numbers: Cromoglass Wastewater Treatment Systems, Activated Sludge Treatment Units: CA -5, CA -12, CA -15, CA -25, CA -30, CA -50, CA -60, CA -100, CA -120, and CA -150 (hereinafter the "System"). Date of Application: December 23, 1994 Transmittal Number: 97922 Date of Issuance: September 19, 1995 Effective date: September 19, 1995 Expiration date: September 19, 2000 Authority for Issuance Pursuant to Title 5 of the State Environmental Code, 310 CMR 15.000, the Department of Environmental Protection hereby issues this Certification for General Use to: Analytical Systems, Inc., 11 School Street, P.O. Box 720, Sandwich, MA 02563 (hereinafter "the Company"), certifying for general use in the Commonwealth of Massachusetts of the System described herein. The Department has determined that the applicant has demonstrated that the System will provide a level of environmental protection at least equivalent to that of a standard on-site system designed and constructed in accordance with 310 CMR 15.000. Sale and use of the System are conditioned on and subject to compliance by the Company and the System owner/operator with the terms and conditions set forth below. Any noncompliance with the terms or cond'tions of this Certification constitutes a violation of 310 CMR x.000. Assistant Commissioner One Winter Street a Boston, Massachusetts 02108 - e FAX (617) 666.1019 Cs Pnnle on R"Ied Paper q -.?5.95 Date e Telephone (617) 2923600 Cromaglass General Use Certification September 19, 1995 �. I. Design Standards The System shall be installed in series between the building sewer and the distribution box of a standard Title 5 system as constructed in accordance with 310 CMR 15.100 - 15.279, subject to the provisions of this Certification. The use of a septic tank is not required. II. General Conditions 1. All provisions of 310 CMR 15.000 are applicable to the use of this System, the owner/operator, and the Company, except those which specifically have been varied by the terms of this Certification. 2. For a System with a design flow of greater than 2,000 gallons per day (gpd), plans and specifications shall be stamped and signed by a Massachusetts Registered Professional Engineer. For a System with a design flow of 2,000 or fewer gpd, plans and specifications shall be stamped and signed by either a Massachusetts Registered Professional Engineer or a Massachusetts Registered Sanitarian. 3. Any required operation and maintenance, monitoring and testing shall be performed in accordance with a Department approved plan. Any required 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 Department's written approval. It shall be a violation of this Certification to falsify any data collected pursuant to an approved testing plan, to omit any required data or to fail to submit any report required by such plan. 4. The facility served by the System and the System itself shall be open to inspection and sampling by the Department and the local approving authority at all reasonable times. 5. 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 as it deems necessary to protect public health, safety, welfare and the environment. 6. The owner or operator shall provide written notice of this Certification, prior to the signing of a purchase and sale agreement for the facility served by the System or any portion thereof, to any new owner or operator. 7. The Department has not determined that the.performance Page:2 t Cromaglass General Use Certification September 19, 1995 of the 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. Accordingly, no new System shall be constructed, and no System shall be upgraded or expanded, except as provided for in 310 CMR 15.004 (i.e. if it is feasible to connect the facility to a sanitary sewer, a variance as provided for in 310 CMR 15.004(4)(b) must be obtained for use of the System). 8. Design and installation shall be in strict conformance with the Company's DEP approved plans and specifications, 310 CMR 15.000 and this Certification. The System shall be constructed in accordance with 310 CMR 15.100 - 15.274, subject to the provisions of this Certification. III. Special'Conditions applicable to the System Owner/operator 1. The System is certified in connection with the discharge of sanitary sewage only. Any wastes that are non -sanitary sewage generated and/or used at the facility served by the System shall not be introduced into the System and shall be lawfully disposed of. 2. If the System will be a shared system as defined by 15.002, or a part thereof, the financial assurance requirements for shared systems as may be required pursuant to 15.290 (2) shall apply. 3. Maintenance agreement: i. Throughout its life, the System shall be under a maintenance agreement. No maintenance agreement shall be for less than two years. ii. No System shall be used until a maintenance agreement and contingency plan are approved by the local approving authority which: - provides for the contracting of a person or firm competent in providing services consistent with the System's specifications and the operation and maintenance requirements specified by the design. engineer and any specified by the Department; contains procedures for notification to the local board of health within 24 hours of a System failure or alarm event and for corrective measures to be taken immediately. provides the name of the Massachusetts Class 2 certified operator or operators, in accordance with Massachusetts regulations 257 CMR 2.00, that will operate the System. The operator must maintain the System in accordance with 314 CMR 12.00 at a frequency shown on the following table Page:3 Cromaglass General Use Certification September 19, 1995 a and anytime there is an alarm condition: Model Residential Commercial CA -5/12/15/25 Every 3 months Every 2 Months CA -30/50/60 Every 2 months Every month CA -100/120/150 Every month Twice per month 4. The owner/operator of the System shall at all times properly operate and maintain the System in accordance with the Department approved plan. 5. The owner/operator shall furnish the Department within a reasonable time any information which the Department may request to determine whether cause exists for modifying, revoking, reissuing or terminating this Certification or to determine whether the Company and/or the owner/ operator is complying with the terms and conditions of this Certification and 310 CMR 15.000. 6. The.owner or operator shall provide written notice to any 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. 7. As part of an individual application to install and use the System, the proposed owner/operator of the System shall demonstrate that a soil absorption system designed in accordance with 310 CMR 15.000 can be installed on the facility. IV. Special Conditions applicable to the Company The Company annually shall submit to the Department, by January 31 of each year, a report, signed by a corporate officer, general partner or Company owner, stating, for the previous calendar year, the number of units sold for use in Massachusetts, all known failures, malfunctions, and corrective actions taken and the address of each such event. The report shall include at a minimum the address of each System sold, the owner/operator's name, the type of use (residential, commercial, school, institutional) and the design flow. The Company shall notify the Director of the'Division of Water Pollution Control at least thirty (30) days in advance of the proposed transfer of ownership of the technology for which this Certification is issued. Said notification shall include the name and address of the new owner and a written agreement between the existing and new owner containing a specific date for transfer of ownership, responsibility, coverage and liability between them. All provisions of this.Certification ,Page::4 Cromaglass General Use Certification September 19, 1995 applicable to the Company shall be applicable to the successors and assigns of the Company. 3. The Company shall furnish the Department within a reasonable time any information which the Department requests to determine whether cause exists for modifying, revoking, reissuing or terminating this Certification or to determine whether the Company and/or any owner/ operator is complying with the terms and conditions of this Certification and 310 CMR 15.000. 4. The Company shall provide any purchaser of the System with a copy of this Certification prior to sale of the System. In any contract for distribution and/or sale of the System, the Company shall require the distributor or seller to provide the purchaser of the System, prior to any sale of the System, with a copy of this Certification. 5. If the Company wishes to use a System installed under this Certification as a piloting or provisional use demonstration site, the Company shall submit to the Department the following: * a copy of the complete application submitted to the local approving authority, * the written approval of the local approving authority, and * a notice that the Company wishes to use this site as a demonstration site for their piloting or provisional use application. 6. If the Company wishes to continue this Certification after its expiration date, the Company shall apply for and obtain a renewal of this Certification. The Company shall submit a renewal application at least 180 days before the expiration date of this Certification, unless written permission for a later date has been granted in writing by the Department. V. Reporting All notices and documents required to be submitted to the Department by this Certification shall be submitted to: Director, . Division of Water Pollution Control Department of Environmental Protection One Winter Street - 8th floor Boston, Massachusetts 02108 Page:5 Cromaglass General Use Certification September 19, 1995 VI. Rights of the Department The Department may suspend, modify or revoke this Certification for cause, including, but not limited to, non- compliance with the terms of this Certification, non-payment of the annual compliance assurance fee, for obtaining the Certification by misrepresentation or failure to disclose fully all relevant facts or any change in or discovery of conditions that would constitute grounds for discontinuance of the Certification, or as necessary for the protection of public health, safety, welfare or the environment, and as authorized by applicable law. The Department reserves its rights to take any enforcement action authorized by law with respect to this Certification and/or the System against the owner or operator of the System and/or the Company. VII. Expiration date Notwithstanding the expiration date of this Certification, any System sold and installed prior to the expiration date of this Certification, and approved, installed and maintained in compliance with this Certification (as it may be modified) and 310 CMR 15.000, may remain in use unless the Department, the local approval authority, or a court requires the System to be modified or removed, or requires discharges to the System to cease. VIII.Right of Appeal This Certification is an action of the Department. Any person aggrieved by this action may request an adjudicatory hearing. A request for a hearing must be made in writing and postmarked within twenty one (21) days of the date of mailing of this Certification. Under 310 CMR 1.01(6)(b), the request must state clearly and concisely the facts which are the grounds for the request, and the relief sought. The hearing request along with a valid check payable to Commonwealth of Massachusetts in the amount of one hundred dollars ($100.00) must be mailed to: Commonwealth of Massachusetts Department of Environmental Protection P.O. Box 4062 Boston, MA 02211 The request will be dismissed if the filing fee is.not paid, unless the appellant is exempt or granted a waiver:as described below. The filing fee is not required if.the Page: 6. Cromaglass General Use Certification September 19, 1995 appellant is a city or town (or municipal agency), county, or district of the Commonwealth of Massachusetts, or a municipal housing authority. The Department may waive the adjudicatory hearing filing fee for a person who shows that paying the fee will create an'undue financial hardship. A person seeking a waiver must file, together with the hearing request as provided above, an affidavit setting forth the facts believed to support the claim of undue financial . hardship. Page: 7. J Willem F. Weld Gwe ., Argeo Paul Celluccl U . Go ,m,, Commonwealth of Massachusetts Executive Office of Environmental Affairs Department of Environmental Protection PILOTING APPROVAL Pursuant to Title 5, 310 CMR 15.000 Name and Address of Applicant: Analytical Systems Inc. 11 School Street, P.O. Box. 720 Sandwich, MA 02563 Trudy Cose 6-80" Oavld B. SVuhs Trade name of technology and model numbers: Cromaglass Wastewater Treatment Systems CA -5, CA -12, CA -15, CA -25, CA -30, CA -50, CA -60, CA -100, CA -120, CA -150 (hereinafter the "System"). Date of Application: Transmittal Number Date of Issuance Effective date: Expiration date: December 23, 1994 97922 September 19, 1995 September 19, 1995 September 19, 2000 Authority for Issuance Pursuant to Title 5 of the State Environmental Code, 310 CMR 15.000, the Department of Environmental Protection hereby issues this Approval to: Analytical Systems Inc., 11 School Street, P.O. Box. 720, Sandwich, MA 02563 (hereinafter "the Company"), to Pilot in the Commonwealth of Massachusetts the System described herein. Sale and use of the System are conditioned on and subject to compliance by the Company and the System owner/operator with the terms and conditions set forth below. Any noncompliance with the terms or conditions of this Approval constitutes a violation of 0 CMR 15.000. Arleen O'Donnell Date Assistant Commissioner One Winter Street a Boston, Massachusetts 02106 a FAX (617) 666.1049 a Telephone (617) 2923500 `: Pnn,ed on Neryded Pape, . Cromaglass Piloting Approval I. Design Standards September 19, 1995 1. No more than 15 Systems may be installed under this Approval. 2. The System shall be installed in series between the building sewer and the distribution box of a standard Title 5 system as constructed in accordance with 310 CMR 15.100 - 15.279, subject to the provisions.of this Approval. The use of a septic tank is not required. 2. The System is approved to be piloted as an equivalent technology to a recirculating sand filter. 3. New Construction: In accordance with 310 CMR 15.217(2) Tor systems with a design flow below 2000 gpd, an increase in calculated allowable nitrogen loading per acre is allowed with the use of the System. The System may be used in areas subject to 310 CMR 15.214. When used in such areas: * for residential Systems, the design flow shall not exceed 660 gallons per day per acre, the total nitrogen concentration in the effluent from the System shall not exceed 19 mg/liter and a minimum of 55% of the influent total nitrogen concentration shall be removed. (This is based on the highest nitrogen loading rate credit of a technology with General Use Certification.) * for non-residential Systems, the design flow shall not exceed 550 gallons per day per acre, the total nitrogen concentration in the effluent from the System shall not exceed 25 mg/liter and a minimum of 40% of the influent total nitrogen concentration shall be removed. (This is based on the highest nitrogen loading rate credit of a technology with General Use Certification.) The Company seeks to demonstrate that the nitrogen concentration in the effluent of the system is less than 10 mg/liter and that the loading limitations established in 310 CMR 15.214 should not apply with the use of the System. Accordingly, consistent with 310 CMR 15.217(1), data from operation of the System to support. an approval of such use should demonstrate that the total nitrogen concentration in the effluent does not exceed 10 mg/liter and that the System removes a minimum of 76% of the influent total nitrogen concentration. 4. Areas with approved nitrogen loading plans: For the purpose of aggregate determination of allowable flows and nitrogen loadings per 310 CMR 15.216(1): a. for residential flows of less than 2,000 gpd, Page:2 Cromaglass Piloting Approval September 19, 1995 nitrogen loading of 19 mg/liter of effluent shall be used for Systems installed under this Approval (based on the highest nitrogen loading rate credit given to a technology with General Use Certification for residential flows); b. for non-residential flows of less than 2,000 gpd, nitrogen loading of 25 mg/liter of effluent shall be used for Systems installed under this Approval (based on the highest nitrogen loading rate credit given to a technology with General Use Certification for non-residential flows). 5. Expansions to existing residential homes• For any existing 2 bedroom residential home, as of March 31, 1995, in areas subject to nitrogen loading limitations, 310 CMR 15.214, the following expansions shall be permitted with the use of this System: a. With an existing minimum lot size of 10,000 sq. 'ft., up to 3 bedrooms (330 gpd). b. With an existing minimum lot size of 15,000 sq. ft., up to 4 bedrooms (440 gpd). For any existing 3 bedroom residential home, as of March 31, 1995, in areas subject to nitrogen loading limitations, 310 CMR 15.214, the following expansions shall be permitted with the use of this System: with an existing minimum lot size of 15,000 sq. ft., up to 4 bedrooms (440 gpd). 6. Soil Absorption System• The Company seeks to demonstrate that the System can function with a reduced soil absorption system. By producing effluent that meets the following parameters the required "soil absorption system area can be reduced by up.to 67t: BODS with a weighted average of 10 mg/liter of all samples collected in any 12 month period and a maximum of 20 mg/liter for any sample collected. and - TSS with a weighted average of 10 mg/liter of all samples collected in any 12 month period and a maximum of 20 mg/liter for any sample collected. A minimum of 90% of the influent BODS and TSS shall be removed. Accordingly, data from operation of the System to support an approval of such use should demonstrate that the System can function with a reduced soil absorption system in a variety of soils and percolation rates. The soil absorption system shall be designed by increasing the loading rates in 310 CMR 15.242 by a factor of 3. Page:3 Cromaglass Piloting Approval September 19, 1995 II. General Conditions 1. All provisions of 310 CMR 15.000 are applicable to the use of this System, the owner/operator, and the Company, except those which specifically have been varied by the terms of this Approval. 2. This Piloting Approval authorizes the use of the System in Massachusetts, in order to provide field testing and technical demonstration that the System can or cannot function effectively at one or more pilot facilities. Although information obtained during piloting is likely to be relevant to long term operation and maintenance .concerns about the System, this approval is not intended, in and by itself, to provide a full evaluation of these issues. The System may be installed only on facilities that meet the criteria of 310 CMR 15.285(2). 3. Fora proposed individual System with a design flow of greater than 2,000 gallons per day (gpd), plans and specifications shall be stamped and signed by a Massachusetts Registered Professional Engineer. For a proposed individual System with a design flow of 2,000 or fewer gpd, plans and specifications shall be stamped and signed by either a Massachusetts Registered Professional Engineer or a Massachusetts Registered Sanitarian. 4. Any required operation and maintenance, monitoring and testing shall'be performed in accordance with a Department approved plan. Any required 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 Department's written approval. It shall be a violation of this Approval to falsify any data collected pursuant to an approved testing plan, to omit any required.data or to fail to submit any report required by such plan. 5. The facility served by the System and the System itself shall be open',to inspection and sampling by the Department and, the local approving authority at all reasonable times. 6. The Department and/or the local approving authority may require the o%=ner or operator of the System to cease operation of the system and/or to take any other action as it deems necessary to protect public health, safety, welfare and the environment. 7. The owner or operator shall provide written notice of this Approval, prior to the signing of a purchase and sale agreement for the facility served by the System or any portion thereof, to any new owner or operator. Page:4 t Cromaglass Piloting Approval September 19, 1995 8. Design and installation shall be in strict conformance with the Company's DEP approved plans and specifications, 310 CMR 15.000 and this Approval. The system shall be constructed in accordance with 310 CMR 15.100 - 15.279, subject to the provisions of this Approval. III. Special Conditions applicable to the System Owner/Operator 1. The System is appioved in connection with the discharge of sanitary sewage only. Any non -sanitary sewage wastes generated and/or used at the facility served by the System shall not be introduced into the System and shall be lawfully disposed of. 2. Monthly average of the effluent concentrations discharged from the System shall meet or exceed treatment standards of 30 mg/L BODS, 30 mg/L TSS and a minimum of 85% of the influent BODS and TSS shall be removed. The effluent pH shall not vary more than 0.5 standard units from the influent water supply. For residential uses, monthly average of the total nitrogen concentration in the effluent shall not exceed 19 mg/L and a minimum of 55% of the influent total nitrogen concentration shall be removed. For non-residential uses, monthly average of the total nitrogen concentration in the effluent shall not exceed 25 mg/L and a minimum of 40% of the influent total nitrogen concentration shall be removed 3. Maintenance agreement: i. Throughout its life, the System shall be under a maintenance agreement. No maintenance agreement shall be for less than two years. ii. No System shall be used until a maintenance agreement and contingency plan are approved by the Department and the.local approving authority which: - provides for the contracting of a person or firm competent in providing services consistent with the System's specifications and the operation and maintenance requirements specified by the design engineer and any specified by the Department; contains procedures for notification to the Department and the local board of health within 24 hours of a system failure or alarm event and for corrective measures to be taken immediately. provides the name of the Massachusetts Class 2 certified operator or operators, in accordance with Massachusetts regulations 257 CMR 2.00, that will operate the System. The operator must Page:5 Cromaglass Piloting Approval September 19, 1995 maintain the System in accordance with 314 CMR 12.00 at a frequency shown on the following table and anytime there is an alarm condition:. Model Residential Commercial CA -5/12/15/25 Every 3 months Every 2 Months CA -30/50/60 Every 2 months Every month CA -100/120/150 Every month Twice per month 4. The owner/operator of the System shall at all times properly operate and maintain the System in accordance with the Department approved plan. 5. The owner/operator shall furnish the Department within a reasonable time any information which the Department may request to determine whether cause exists for modifying, revoking, reissuing or terminating this Approval or to determine whether the Company and/or the owner operator is complying with the terms and conditions of this Approval and 310 CMR 15.000. 6. Prior to installation of the System, the (proposed) owner/operator shall submit to the Department the written approval of the local approving authority, together with a copy of the complete application submitted to the local approving authority. The application shall be deemed approved by the Department if, within 60 days of receipt of a complete application, the Department fails to either: a. request additional information in writing from the proposed owner/operator; b. grant a written approval, which may include any conditions the Department deems appropriate, including but not limited to financial assurances, to protect public health, safety, welfare or the environment; or C. deny approval of the System in writing. In the event the Department requests additional information from the proposed owner/operator, the 60 day period for Department review shall commence upon the Department's receipt of such additional information. 7. The owner or operator shall provide written notice to any 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. B. As part of an individual application to install and use the System for new construction as defined by 310 CMR 15.000, the proposed owner/operator of the System shall demonstrate that a soil absorption system designed in accordance with 310 CMR 15.000 can be installed on the facility, or connection of the facility to a sewer is feasible. Page :.6 Cromaglass Piloting Approval September 19, 1995 IV. Special Conditions applicable to the Company 1. The Company annually shall submit to the Department, by January 31 of each year, a report, signed by a corporate officer, general partner or Company owner, stating, for the previous calendar year, the number of units sold for use in Massachusetts, all known failures, malfunctions, and corrective actions taken and the address of each such event. The report shall include at a minimum the address of each System sold, the owner/operator's name, the type of use (residential, commercial, school, institutional) and the design flow. 2. The Company shall notify the Director of the Division of Water Pollution Control at least thirty (30) days in advance of the proposed transfer of ownership of the technology for which this Approval is issued. Said notification shall include the name and address of the new owner and a written agreement between the existing and new owner containing a specific date for transfer of ownership, responsibility, coverage and liability between them. All provisions of this Approval applicable to the Company shall be applicable to the successors and assigns of the Company. 3. The Company shall furnish the Department within a reasonable time any information which the Department may request to determine whether cause exists for modifying, revoking, reissuing or terminating this Approval or to determine whether the Company and/or the owner operator is complying with the terms and conditions of this Approval and 310 CMR 15.000. 4. The Company shall provide any purchaser of the System with a copy of this Approval prior to any sale of the System. In any contract for distribution and/or sale of the System, the Company shall require the distributor or seller to provide the purchaser of the System, prior to any sale of the System, with a copy of this Approval. 5. Influent and effluent (time composite sample over the . cycle of the system) from the System shall be monitored monthly for the first year of operation, and quarterly thereafter. At a minimum the following parameters shall be monitored: a. For systems installed to demonstrate nitrogen reduction: pH, BODS, TSS, TKN, NO3-N, ammonia and Fecal Coliform. At the discretion of the Company, additional testing may be provided if at any time after the first six months.the total nitrogen in the effluent is higher than 30 mg/l or if either the BODS or TSS in the effluent is higher than 30 Page:7 Cromaglass Piloting Approval September 19, 1995 mg/1. The additional testing shall consist of weekly monitoring for the following four weeks. b. For systems installed to demonstrate reduced soil absorption system: pH, BODS, TSS, and Fecal Coliform. At the discretion of the Company, additional testing may be provided if at any time after the first six months either the BODS or TSS in the effluent is higher than 20 mg/1. The additional testing shall consist of weekly monitoring for the following four weeks. A monitoring well shall be installed directly below the soil absorption system in accordance with the department's published guidelines. The monitoring well shall be tested at the same frequency as above and for the following parameters: pH, Fecal Coliform, and ammonia. Each time the System is monitored, the water meter reading and the water level in the distribution box shall be recorded. For systems installed to demonstrate reduced soil absorption system the distribution box must be appropriately alarmed to warn the operator of the System if the soil absorption system cannot dispose the effluent. All monitoring data collected on the System, whether required by this approval or otherwise performed, shall be submitted to the Department within 30 days of the sampling date. After 18 months of monitoring and at the request of the Company the Department may reduce or eliminate the monitoring requirements. If the Company wishes to continue this Piloting Approval after its expiration date, the Company shall apply for and obtain a renewal of this Approval. The Company shall submit a renewal application at least 180 days before the expiration date of this Approval, unless written permission for a later date has been granted in writing by the Department. V. Reporting All notices and documents required to be submitted to.the Department by this Approval shall be submitted to: Director Division of Water Pollution Control . Department of Environmental Protection One Winter Street - 8th floor Boston, Massachusetts 02108 Page:8 Cromaglass Piloting Approval September 19, 1995 VI. Expiration date Notwithstanding the expiration date of this Approval, any System sold and installed prior to the expiration date of this Approval, and approved, installed and maintained in compliance with this Approval (as it may be modified) and 310 CMR 15.000, may remain in use unless the Department, the local approving authority, or a court requires the System to be modified or removed, or requires discharges to the System to cease. VII. Rights of the Department The Department may suspend, modify or revoke this Piloting Approval for cause, including, but not limited to, non- compliance with the terms of this Approval, non-payment of the annual compliance assurance fee, for obtaining the Approval by misrepresentation or failure to disclose fully all relevant facts or any change in or discovery of conditions that would constitute grounds for discontinuance of the Approval, or as necessary for the protection of public health, safety, welfare or the environment; and as authorized by applicable law. The Department reserves its rights to take any enforcement action authorized by law with respect to this Approval and/or the System against the owner, or operator of the System and/or the Company. The Department reserves the right to monitor any Systems installed for any parameter the Department deems appropriate including but not limited to virus and pathogen testing. VIII.Right of Appeal This Approval is an action of the Department. Any person aggrieved by this action may request an adjudicatory hearing. A request for a hearing must be made in writing and postmarked within twenty one (21) days of the date of mailing of this Approval. Under 310 CMR 1.01(6)(b), the request must state clearly and concisely the facts which are the grounds for the request, and the relief sought. The hearing request along with a valid check payable to Commonwealth of Massachusetts in the amount of one hundred dollars ($100.00) must be mailed to: Commonwealth of Massachusetts Department of Environmental Protection P.O. Box 4062 Boston, MA 02211 Page:9 Cromaglass Piloting Approval September 19, 1995 The request will be dismissed if the filing fee is not paid, unless the appellant is exempt or granted a waiver as described below. The filing fee is not required if the appellant is a city or town (or municipal agency), county, or district of the Commonwealth of Massachusetts, or a municipal housing authority. The Department may waive the adjudicatory hearing filing fee for a person who shows that paying the fee will create an undue financial hardship. A person seeking a waiver must file, together with the hearing request as provided above, an affidavit setting forth the facts believed to support the claim of undue financial hardship. Page: 10.. a Wllllam F. Weld Gwemc, Argeo Paul Celluccl Lt Gimm., CommonweWh of Massochusetts Executive Office of Environmental Affairs Department of Environmental Protection CERTIFICATION FOR GENERAL USE Pursuant to Title 5, 310 CMR 15.000 Name and Address of Applicant: Cultec, Inc. 878 Federal Road Brookfield, CT 06804 G f QIt 3 11� Trudy Cosa aww-7 David B.Struhs Oen..raw, Trade name of technology and model numbers: Contactor 75, Contactor 100, Contactor 125, Recharger 180 and Recharger 330 plastic leaching chambers (hereinafter the "Svstem"). Date of Application: February 29, 1995 Transmittal Number: 109465 Date of Issuance: October 24, 1995 Effective date: October 24, 1995 Expiration date: October 24, 2000 Authority for Issuance Pursua?7r to Title 5 of the State Environmental Code, 310 CMR 15.000, the Department of Environmental Protection hereby issues this Certification for General Use to: Cultec, Inc., 878 Federal Road, Brookfield, CT 06804 (hereinafter "the "Company"), certifying for general use in the Commonwealth of Massachusetts of the System described herein. The Department has determined that the applicant has demonstrated that the System will provide a level of environmental protection at least equivalent to that of a standard on-site system designed and constructed in accordance with 310 CMR 15.000. Sale and use of the System are conditioned on and subject to compliance by the Company and the System owner/operator with the terms and conditions set forth below. Any noncompliance with the terms or conditions of this Certification constitutes a violation of 310 CMR 15.000. Lir I Join J. Division .— One Winter Street ins ,ui>:r c or water I .lution Control a Boston, Massachusetts 02106 - a _SAX (617) 556-1049 Q? ^^mea . sKx4d v,a, a Telephone (617) 292-5500 Cultec General Use Certification I. Design Standards October 24, 1995 1. 15.247: The use of aggregate is not required when the System is installed. 2. 15.253(6): The requirement that chamber systems installed in trench configuration be provided with inlets at intervals not to exceed 20 feet is not applicable to the System. 3. Model Capacity Dimension Invert Effective (WidthxLength Height Leaching xHeight) Area* (ft'/unit) (inch) (inch) (ft'/unit) Contactor 11.5 26.5x86.Oxl2.4 6 23.0 75 Contactor 15.8 36.Ox86.Oxl2.5 6 28.7 100 Contactor 15.8 28.Ox88.Oxl8.0 12 31.8 125 Recharger 24.4 36.Ox86.Ox20.5 14 39.1 180 Recharger 55.5 52.Ox90.Ox30.5 24 60.0 330 * When a trench contiguration is uses. II. General Conditions 1. All provisions of 310 CMR 15.000 are applicable to the use of this System, the owner/operator, and the Company, except those which specifically have been varied by the terms of this Certification. 2. For a System with a design flow of greater than 2,000 gallons per day (gpd), plans and specifications shall be stamped and signed by a Massachusetts Registered Professional Engineer. For a System with a design flow of 2,000 or fewer gpd, plans and specifications shall be stamped and signed by either a Massachusetts Registered Professional Engineer or a Massachusetts Registered Sanitarian. 3. The facility served by the System and the System itself shall be open to inspection and sampling by the Department and the local approving authority at 811 reasonable times. 4. The Department and/or the local approving authority may Page:2 L . Cultec General Use Certification October 24, 1995 require the owner or operator of the System to cease operation of the System and/or to take any other action as it deems necessary to protect public health, safety, welfare and the environment. 5. The owner or operator shall provide written notice of this Certification, prior to the signing of a purchase and sale agreement for the facility served by the System or any portion thereof, to any new owner or operator. 6. The Department has not determined that the performance of the 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. Accordingly, no new System shall be constructed, and no System shall be upgraded or expanded, except as provided for in 310 CMR 15.004 (i.e. if it is feasible to connect the facility to a sanitary sewer, a variance as provided for in 310 CMR 15.004(4)(b) must be obtained for use of the System). 7. Design and installation shall be in strict conformance with the Company's DEP approved plans and specifications, 310 CMR 15.000 and this Certification. The System shall be constructed in accordance with 310 CMR 15.100 - 15.274, subject to the provisions of this Certification. III. Special Conditions applicable to the System Owner/Operator 1. The System is certified in connection with the discharge of sanitary sewage only. Any wastes that are non -sanitary sewage generated and/or used at the facility served by the System shall not be introduced into the System and shall be lawfu n y disposed of. 2. The owner/operator of the System shall at all times properly operate and maintain the System. 3. The owner/operator shall furnish the Department within a reasonable time any information which the Department may request to determine whether cause exists for modifying, revoking, reissuing or terminating this Certification or to determine whether the Company and/or the owner/ operator is complying with the terms and conditions of this Certification and 310 CMR 15.000. 4. No owner/operator shall authorize or allow the installation of the System other than by a person certified to install such System. IV. Special Conditions applicable to the Company 1. The Company annually shall submit to the Department, by January 31 of each year, a report, signed by a corporate officer, general partner or Company.owner, stating, for the previous calendar year, the number of units of the System Page:3 Cultec General Use Certification 1 � . October 24, 1995 c sold for use in Massachusetts. The report shall include at a minimum the address of each System, owner's name and address, the type of use (residential, commercial, school, institutional) and the design flow; all known failures, malfunctions, and corrective actions taken and the address of each such event. 2. The Company shall notify the Director of the Division of Water Pollution Control at least thirty (30) days in advance of the proposed transfer of ownership of the technology for which this Certification is issued. The notice shall include the name and address of the new owner, the date for transfer, and the respective responsibilities of the parties relative to the System. All provisions of this Certification applicable to the Company shall be applicable to the successors and assigns of the Company. 3. Boards of Health shall be instructed on the proper use and installation of the System and the Company shall conduct DEP approved training and certification for installers. 4. The.Company shall not sell the System to distributors or installers unless they are trained and certified to install plastic chamber systems. 5. The Company shall furnish the Department within a reasonable time any information which the Department requests to determine whether cause exists for modifying, revoking, reissuing or terminating this Certification or to determine whether the Company and/or any owner/ operator is complying with the terms and conditions of this Certification and 310 CMR 15.000. 6. The Company shall provide any purchaser of the System with A copy of this Certification prior to sale of the System. In any contract for distribution and/or sale of the System, the Company shall require the distributor or seller to provide the purchaser of the System, prior to any sale of the System, with a copy of this Certification. 7. If the Company wishes to use a System installed under this Certification as a piloting or provisional use demonstration site, that is, use of the System under conditions other than as provided in this Certification, the Company shall.submit to the Department the following: * a copy of the complete application submitted to the local approving authority, * the written approval of the local approving authority, and * a notice that the Company wishes to use this site as a demonstration site for their piloting or_provisional use application. B. If the Company wishes to continue this.Certification after" its expiration date, the Company shall apply for and obtain ,.. a renewal of this Certification. The Company -shall submit a renewal application at least 180 days before the expiration Page:4 Cultec General Use Certification October 24, 1995 date of this Certification, unless written permission for a later date has been granted in writing by the Department. V. Special Conditions applicable to Installers of the System Each Installer must be permitted pursuant to 310 CMR 15.015 and shall install the System in accordance with DEP approved training provided by the Company and the conditions of this Certification. No Installer shall install the System unless the Installer has been trained and certified by the Company to install the System. VI. Reporting All notices and documents required to be submitted to the Department by this Certification shall be submitted to: Director, Division of Water Pollytion Control Department of Environmental Protection One Winter Street - 8th floor Boston, Massachusetts 02108 VII. Rights of the Department The Department may suspend, modify or revoke this Certification for cause, including, but not limited to, non-compliance with - the terms of this Certification, non-payment of the annual compliance assurance fee, for obtaining the Certification by misrepresentation or failure to disclose fully all relevant facts or any change in or discovery of conditions that would constitute grounds for discontinuance of the Certification, or as necessary for the protection of public health, safety, welfare or the environment, and as authorized by.applicable law. The Department reserves its rights to take any enforcement action authorized by law with respect to this Certification and/or the System against the owner or operator of the System and/or the Company. VIII.Expiration date Notwithstanding the expiration date of this Certification, any System sold and installed prior to the expiration date of this Certification, and approved, installed and maintained in compliance with this Certification (as it may be modified) and 310 CMR 15.000, may remain in use unless the Department, the Page:5 Cultec General Use Certification October 24, 1995 l local approval authority, or a court requires the System to be modified or removed, or requires discharges to the System to cease. IX. Right of Appeal This Certification is an action of the Department. Any person aggrieved by this action may request an adjudicatory hearing. A request for a hearing must be made in writing and postmarked within twenty one (21) days of the date of mailing of this Certification. Under 310 CMR 1.01(6)(b), the request must state clearly and concisely the facts which are the grounds for the request, and the relief sought. The hearing request along with a valid check payable to Commonwealth of Massachusetts in the amount of one hundred dollars ($100.00) must be mailed to: Commonwealth of Massachusetts Department of Environmental Protection P.O. Box 4062 Boston, MA 02211 The request will be dismissed if the filing fee is not paid, unless the appellant is exempt or granted a waiver as described below. The filing fee is not required if the appellant is a city cr town (or municipal agency), county, or district of the Commonwealth of Massachusetts, or a municipal housing authority. The Department may waive the adjudicatory hearing filing fee for a person who shows that paying the fee will create an undue financial hardship. A person seeking a waiver must file, together with the hearing request as provided above, an affidavit setting forth the facts believed to support the claim of undue financial hardship. Page:6 WILLIAM F. WELD Governor ARGEO PAUL CELLUCCI Lt. Governor COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION ONE WINTER STREET, BOSTON, MA 02108 617-292-5500 March 12, 1997 Dear Board of Health Officials: jg' k 7RUDS c OXE a- Ia`'9f etary DAVID B. STRUHS P , '1991 Commissioner Attached to this letter please find the most recent List of Innovative/Alternative Technologies approved for use in Massachusetts. Any questions regarding the use of I/A technologies may be addressed to Christos Dimisioris at 617-292-5912 or Janine Boothroyd at 617-292-5658. IA-TOBOH.ltr Sincerely, Michael Rapacz, Depuzirector Wastewater Management Program DEP on the World Wide Web: http:/Av .magnet.state.ma.us/dep 0 Pnnted on Recycled Paper WILLIAM F. WELD Govemor ARGEO PAUL CELLUCCI Lt. Govemor COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION ONE WINTER STREET, BOSTON, MA 02108 617-292-5500 310 CMR 15.000: TITLE 5 TRUDY COXE Secretary DAVID B. STRUHS Commissioner March 11, 1997 I / A TECHNOLOGIES APPROVED FOR USE IN MASSACHUSETTS Title 5 of the Massachusetts Environmental Code, 310 CMR 15.000, provides regulations for the design and construction of conventional septic systems and also allows for the use of innovative and alternative technologies (I/A). A conventional system consists of: a septic tank, distribution box and leaching facility. Alternative systems are those systems which provide substitutes or alternatives for one or more of the components of a conventional system while providing the same degree of environmental and public health protection. These alternatives are becoming more widely used for cost effective upgrades of old failing systems on difficult sites which can not accommodate a conventional system. I/A technologies also hold promise for enhanced wastewater treatment for new construction in environmentally sensitive areas or for sites where conventional systems simply don't function properly. Title 5 establishes a three -tiered process for I/A technologies: piloting, provisional and general use. The purpose of a Piloting Approval is to provide field testing and technical demonstration that the technology can effectively and provide equivalent degree of environmental protection to a Title 5 system at the alternative design standards proposed by the applicant. No more than 15 systems can be installed statewide under a piloting approval. Provisional Use is intended to evaluate whether a technology can provide an equivalent degree of environmental protection under actual field conditions in Massachusetts in a broader setting than a controlled pilot environment. A minimum of 50 systems installed under provisional approval will have to be monitored. Technologies approved for piloting or provisional use can only be installed on remedial sites or for new construction where a system in full compliance with Title 5 could be built or where a sewer is available. If the technology does not perform as expected the owner of the system will have to replace it with a Title 5 system, with a technology approved for General Use or connect the facility to the sewer. DEP on the Word Wide Web: htlpJhN .magnet.state.ma.us/dep C� Pnnted on Recycled Paper List of Innovative / Alternative Technologies March ll, 1997 To receive General Use Certification a technology must demonstrate that it will provide a level of environmental protection at least equivalent to that of a Title 5 system. In addition DEP can approve technologies for Remedial Use to improve conditions at existing sites served by a failing, failed or sub -standard system. An approval for remedial use should be viewed as a stopgap measure, not as an indication that the technology will ultimately be approved for provisional or general use. List of technologies approved as of March 11, 1997 CERTIFIED FOR GENERAL USE Composting Toilets Recirculating Sand Filter AWT Bioclere Cromaglass Cultec Eljen In -Drain EnviroChamber Infiltrator PSA BioDiffuser RUCK Saneco (Orenco) ISF S&L Single Home and Modular FAST APPROVED FOR PROVISIONAL USE AWT Bioclere Biolet XL S&L Single Home and Modular FAST APPROVED FOR REMEDIAL USE Recirculating Sand Filter Composting Toilets AWT Bioclere Biolet XL Jet Aerobic Jet Sand Filter Saneco Intermittent Sand Filter Waterloo Biofilter S&L Single Home and Modular FAST APPROVED FOR PILOTING Amphidrome Process Cromaglass KROFTA Compact Clarifier Solviva Biocarbon Filter Waterloo Biofilter ILIST3.971 - Page: 2 List of Innovative / Alternative Technologies March 11, 1997 ADMINISTRATIVELY COMPLETE APPLICATIONS CURRENTLY UNDER REVIEW The Department is currently reviewing the following applications: Technology. Applicant Type Biodiffuser Biodiffuser, Topsham, ME Provisional Clivus Composter Clivus New England, North Andover, MA Remedial Clivus Greywater System Clivus New England, North Andover, MA Provisional Cycle -Let Zenon, Ann Arbor, MI Provisional Envirochamber Hancor, Findley, OH Provisional Gloucester RSF City of Gloucester, MA Remedial Hydrogen Peroxide MA Association of Sewage Pumping Contractors Remedial Infiltrator Infiltrator, Inc., Old Saybrook, CT Provisional Orenco ISF Saneco, Inc., Essex, MA Provisional Orenco Shallow - Trench Saneco, Inc., Essex, MA General Use Norweco Singulair Siegmund Environmental Services, Inc. Providence, RI General Use' Application currently on hold ELIST3. 971 Page: 3 List of Innovative / Alternative Technologies March 11, 1997 RECIRCULATING SAND FILTER Description: enhanced wastewater treatment, .nitrogen reduction Typically a recirculating sand filter (RSF) has a septic tank, a recirculation tank and pump, and an underdrained open sand filter. Effluent from the septic tank is collected in the recirculating tank, where it is mixed with the effluent returned from the sand filter. The mixture is periodically pumped onto the sand filter and evenly distributed over the filter surface. A drain line, at the bottom of the sand collects the sand filter effluent and returns it by gravity to the recirculating tank (or if the tank is full, to the leaching field). Design standards for RSFs can be obtained from the Department. Any registered professional engineer or registered sanitarian should be able to design a complying system. Status: Certified for General Use when designed in accordance with Department guidance for use in nitrogen sensitive and private well areas. For systems less than 2,000 gallons per day, in areas subject to nitrogen loading limitations, the allowable loading is 550 gallons per day per acre. Approved for Remedial Use with Title 5 system. In addition to the soils described in 310 CMR 15.242, it can be used in soils of 60 to 90 minutes per inch with a loading rate of 0.15 gpd per sq. ft. The following can be reduced: * 501 reduction of the leaching field, or * 2' reduction of the groundwater separation or * 2' reduction of the requirement for four feet of naturally occurring soil. Approval Process: 1. Where a conventional Title 5 system can be installed on the property: Disposal System Construction Permit from the local approving authority. No application to DEP required, unless DEP variances to Title 5 are needed in which case apply to the regional office of DEP using application form BRP WP 59b. 2. In areas subject to the nitrogen limitations of Title 5: For systems greater than 2,000 gallons per day (GPD), Disposal System Construction Permit from the local approving authority and application form BRP WP 57 to the Regional Office of DEP. For systems less than 2,000 gallons per day no application to DEP is required, unless DEP variances to Title 5 are needed in which case apply to the regional office of DEP using application form BRP WP 59b. 3. Remedial situations: Disposal System Construction Permit from the local approving authority. No application to DEP is required for each installation, provided that the application and use of the technology is consistent with any conditions established by the ELIST7. 971 Page: 4 List of Innovative / Alternative Technologies March 11, 1997 Department and the new Code. If DEP variances are needed, apply to the Regional Office of DEP using application form BRP WP 59b. ILIST3.971 Page: 5 List of Innovative / Alternative Technologies March 11, 1997 COMPOSTING TOILETS Description: composting toilet, reduced leaching field Composting toilets use a biological process in which, under controlled conditions, naturally -occurring organisms degrade human waste to a humus -like end product. Toilet waste, or blackwater, is contained, treated, and stored within the toilet or a connecting receptacle until removed for disposal. A disposal system is still needed for non -toilet waste (greywater). Status: Certified for General Use for new construction and Remedial Use. If there is greywater discharge or a discharge from a drain equipped with a garbage grinder, a septic tank and a leaching facility are required. A filter system for greywater specifically approved by the Department can be used instead of the septic tank. For new construction or expansions the installed leaching facility may be reduced by 40% where a system in full compliance with Title 5 could otherwise be installed. For Remedial Use an existing cesspool may be used as leaching pit, provided that the cesspool is pumped and cleaned, is not located in groundwater, meets the design criteria of 310 CMR 15.253 and the effluent loading requirements of Title 5 are satisfied. Approval Process: 1. Where a conventional Title 5 system can be installed on the property: Disposal System Construction Permit from the local approving authority. No application to DEP required, unless DEP variances to Title 5 are needed in which case apply to the Regional Office of DEP using application form BRP WP 59b. 2. In areas subject to the nitrogen limitations of Title 5: Disposal System Construction_ Permit from the local approving authority. There is no nitrogen removal credit established as yet therefore the loading on the lot cannot exceed 440 gallons per day per acre. 3. Remedial situations: Disposal System Construction Permit from the local approving authority. If within the authority of Local Upgrade Approval, no application to DEP is required. If DEP variances are needed, apply to the Regional Office of DEP using application form BRP WP 59b. ILIST3.971 Page: 6 List of Innovative / Alternative Technologies March 11, 1997 AMPHIDROME PROCESS Tetra Technologies, Inc., D.L. Clark Building, 503 Martindale, Pittsburgh, PA 15212 Tel. (412) 321-7400 Description: enhanced wastewater treatment, nitrogen reduction The Amphidrome Process makes use of an innovative configuration of Tetra Technologies's Colox and Denite processes. Colox is an upflow, packed bed, aerobic biological treatment process. It utilizes primarily fixed -film bacteria attached to the surface of a granular media. The media has a high specific surface area for the attachment of the bacteria. This allows the development of a high density of biomass in a very small space. As a result the hydraulic detention time is significantly reduced and the solids retention time is quite long. The Denite filter system is a columnar biological denitrification process which employs microorganisms growing on the fixed surfaces of the filter media to convert oxidized nitrogen in the wastewater to gaseous nitrogen under anoxic conditions. In order to accelerate the denitrification reaction, a carbon source is added to the nitrified wastewater to supply the energy and carbon required by the denitrifiers. Status: The Amphidrome Process is Approved for Piloting with a complete Title 5 system. The applicant seeks to demonstrate that: 1. The technology is an equivalent to a Recirculating Sand filter for systems 2,000 to 10,000 gpd. For new construction of systems less than 2,000 gpd in areas subject to nitrogen loading limitations of Title 5 the allowable loading is 660 gallons per day per acre. Existing 2 bedroom homes in these areas can expand to 3 bedrooms if the lot is at least 10,000 sq. ft. or to 4 bedrooms if the lot is at least 15,000 sq. ft. Existing 3 bedroom homes can expand to 4 bedrooms if the lot is at least 15,000 sq. ft. 2. The system can function with a reduced soil absorption system. Approval Process: Disposal System Construction Permit from the local approving authority and DEP approval. If DEP variances are needed, apply to the Regional Office of DEP using application form BRP WP 59b. If DEP variances are not needed, send a copy of local application together with a supplemental transmittal form (you can get a copy of the form from the manufacturer of the system) to the Boston office of DEP. ILIST3.971 Page: 7 List of Innovative / Alternative Technologies March 11, 1997 AWT BIOCLERE SYSTEM AWT Environmental, Inc., P.O. Box 4085, New Bedford, MA 02740 Tel. (508) 994-6712 Description: enhanced wastewater treatment, nitrogen reduction The Bioclere units utilize a trickling filter concept for wastewater treatment. The unit is added to a conventional system between the septic tank and the soil absorption system. The filter consists of a bed of highly permeable plastic media to which microorganisms are attached and through which septic tank effluent is trickled. The base of the unit serves as a final settling basin which discharges to a traditional leaching area. Nitrified effluent from the settling basin can be returned (pumped) to the septic tank for passive denitrification. Status: The Bioclere system is Certified for General Use when used in conjunction with an otherwise fully complying Title 5 system. The Bioclere system is Approved for Provisional Use with a complete Title 5 system, as an equivalent to a Recirculating Sand filter for systems 2,000 to 10,000 gpd in Nitrogen Sensitive Areas. For new construction of systems less than 2,000 gpd, in areas subject to nitrogen loading limitations of Title 5, the allowable loading is 660 gallons per day per acre. Existing 2 bedroom homes in these areas can expand to 3 bedrooms if the lot is at least 10,000 sq. ft. or to 4 bedrooms if the lot is at least 15,000 sq. ft. Existing 3 bedroom homes can expand to 4 bedrooms if the lot is at least 15,000 sq. ft. Approved for Remedial Use with Title 5 system. In addition to the soils described in 310 CMR 15.242, it can be used in soils of 60 to 90 minutes per inch with a loading rate of 0.15 gpd per sq. ft. The following can be reduced: * 50% reduction of the leaching field, or * 2' reduction of the groundwater separation or * 2' reduction of the requirement for four feet of naturally occurring soil. Approval Process: 1. Where a conventional Title 5 system can be installed on the property: Disposal System Construction Permit from the local approving authority. No application to DEP required, unless variances to Title 5 are needed in which case apply to the regional office of DEP using form BRP WP 59b. 2. In areas subject to the nitrogen limitations of Title 5: Disposal System Construction Permit from the local approving authority and DEP approval. If DEP variances are needed, apply to the Regional Office of DEP using application form BRP WP 59b. If [LIST3.971 1 Page: 8 List of Innovative / Alternative Technologies March 11, 1997 DEP variances are not needed, send a copy of the application to the local approving authority together with a supplemental transmittal form (you can get a copy of the form from the manufacturer of the system) to the Boston office of DEP. 3. Remedial situations: Disposal System Construction Permit from the local approving authority. No application to DEP is required for each installation, provided that the application and use of the technology is consistent with any conditions established by the Department and the.new Code. If DEP variances are needed, apply to the Regional Office of DEP using application form BRP WP 59b. [LIST3.971 Page: 9 List of Innovative / Alternative Technologies March 11, 1997 BIODIFFUSER PSA, Inc., PO Box 77, 139 Main Street, Topsham, MA 04086 Tel. (207) 725-9366 Description: alternative leach field without stone The BioDiffuser unit is an open bottom leaching chamber molded from high density polyethylene. It is intended to be used without stone instead of a conventional leaching field. Status: The Standard Model BioDiffuser Chamber has been Certified for General Use. When used in a trench configuration, each chamber provides an effective leaching area of 27.44 square feet. Approval Process: 1. Where a conventional Title 5 system can be installed on the property: Disposal System Construction Permit from the local approving authority. No application to' DEP required, unless variances to Title 5 are needed in which case apply to the regional office of DEP using application form BRP WP 59b. 2. In areas subject to the nitrogen limitations of Title 5: Loading on the lot cannot exceed 440 gallons per day per acre. If used with a nitrogen reducing technology, the nitrogen credit and the approval process for that technology apply. Disposal System Construction Permit from the local approving authority. 3. Remedial situations: Disposal System Construction Permit from the local approving authority. If within the authority of Local Upgrade Approval, no application to DEP is required. If DEP variances are needed, apply to the Regional Office of DEP using application form BRP WP 59b. (LIST3.971 Page: 10 List of Innovative / Alternative Technologies March 11, 1997 BIOLET XL Biolet USA, Inc., 9 Pond Lane, Damonmill Square, Concord, MA 01742 tel: 508-287-0012 Description: composting toilet, reduced leaching field The Biolet is a composting toilet which can be installed and used in the same manner as other composting toilets (see above). Unlike other composting toilets approved for use in Massachusetts, the design standard in 310CMR 15.289(3) (a) (3), which specifies that the toilet be required to hold and store composted solids for at least two years, does not apply. As with other composting toilets, a disposal system is required for greywater. Status: Approved for Provisional Use and Remedial Use. If there is greywater discharge or a discharge from a drain equipped with a garbage grinder, a septic tank and a leaching facility are required. A filter system for greywater specifically approved by the Department can be used instead of the septic tank. For new construction or expansions the installed leaching facility may be reduced by 401 where a system in full compliance with Title 5 could otherwise be installed. For Remedial Use an existing cesspool may be used as leaching pit for the greywater, provided that the cesspool is pumped and cleaned, is not, located in groundwater, meets the design criteria of 310 CMR 15.253 and the effluent loading requirements of Title 5 are satisfied. Approval Process: 1. Where a conventional Title 5 system can be installed on the property: Disposal System Construction Permit from the local approving authority. No application to DEP required, unless DEP variances to Title 5 are needed in which case apply to the Regional Office of DEP using application form BRP WP 59b. 2. In areas subject to the nitrogen limitations of Title 5: Disposal System Construction Permit from the local approving authority. There is no nitrogen removal credit established as yet therefore the loading on the lot cannot exceed 440 gallons per day per acre. 3. Remedial situations: Disposal System Construction Permit from the local approving authority. If within the authority of Local Upgrade Approval, no application to DEP is required. If DEP variances are needed, apply to the Regional Office of DEP using application form BRP WP 59b. [LIST3.97] Page: 11 List of innovative / Alternative Technologies March 11, 1997 CROMAGLASS ASI, Inc., 11 School Street, P. 0. Box 720, Sandwich, MA 02563 Tel. (508) 833-8856 Description: enhanced wastewater treatment, nitrogen reduction The Cromaglass System is a Sequencing Batch Reactor (SBR). The unit is a fiberglass tank separated in three chambers. The raw wastewater from a building enters into the first chamber. The large particles are retained while the liquid and small particles flow through the retention screens to the second chamber. The second chamber is the primary aeration section which provides biological treatment. Agitation and mixing are provided by an aeration process. At preset intervals a batch of processed wastewater is transferred to the third chamber which acts as a settling chamber. After approximately one hour of quiescent settling a portion of the treated effluent is discharged to the soil absorption system. Status: The Cromaglass system is Certified for General Use when used in conjunction with an otherwise fully complying Title 5 system. The Cromaglass is Approved for Piloting with a complete Title 5 system. The applicant seeks to demonstrate that: 1. The technology is an equivalent to a Recirculating Sand filter for systems 2,000 to 10,000 gpd. For new construction of systems less than 2,000 gpd in areas subject to nitrogen loading limitations of Title 5 the allowable loading is 660 gallons per day per acre. Existing 2 bedroom homes in these areas can expand to 3 bedrooms if the lot is at least 10,000 sq. ft. or to 4 bedrooms if the lot is at least 15,000 sq. ft. Existing 3 bedroom homes can expand to 4 bedrooms if the lot is at least 15,000 sq. ft. 2. The system can function with a soil absorption system reduced by 671. Approval Process: 1. Where a conventional Title 5 system can be installed on the property: Disposal System Construction Permit from the local approving authority. No application to DEP required, unless variances to Title 5 are.needed in which case apply to the regional office of DEP using form BRP WP 59b. 2. In areas subject to the nitrogen limitations of Title 5: Disposal System Construction Permit from the local .approving authority and DEP approval. If DEP variances are needed, apply to the Regional Office of DEP using application form BRP WP 59b. If DEP variances are not needed, send a copy of the application to the local approving authority together with a supplemental transmittal (LIST3.97] Page: 12 List of Innovative / Alternative Technologies March 11, 1997 form (you can get a copy of the form from the manufacturer of the system) to the Boston office of DEP. 3. Remedial situations: Disposal System Construction Permit from the .local approving authority. If within the authority of Local Upgrade Approval, no application to DEP is required. If DEP variances are needed, apply to the Regional Office of DEP using application form BRP WP 59b. ILIST3.971 Page: 13 List of Innovative / Alternative Technologies March 11, 1997 CULTEC Cultec, Inc., 878 Federal Road, Brookfield, CT 06804 Tel. (203) 775-4416 Description: alternative leach field without stone The Cultec is an open bottom leaching chamber molded from high density polyethylene. It is intended to be used without stone instead of a conventional leaching field. Status: The Cultec has been Certified for General Use. When used in a trench configuration, each chamber provides the following effective leaching area: Contactor 75 23.0 square feet Contactor 100 28.7 square feet Contactor 125 31.8 square feet Recharger 180 39.1 square feet Recharger 330 60.0 square feet Approval Process: 1. Where a conventional Title 5 system can be installed on the property: Disposal System Construction Permit from the local approving authority. No application to DEP required, unless variances to Title 5 are needed in which case apply to the regional office of DEP using application form BRP WP 59b. 2. In areas subject to the nitrogen limitations of Title 5: Loading on the lot cannot exceed 440 gallons per day per acre. If used with a nitrogen reducing technology, the nitrogen credit and the approval process for that technology apply. Disposal System Construction Permit from the local approving authority. 3. Remedial situations: Disposal System Construction Permit from the local approving authority. If within the authority of Local Upgrade Approval, no application to DEP is required. If DEP variances are needed, apply to the Regional Office of DEP using application form BRP WP 59b. [Llsr3.971 Page: 14 List of Innovative / Alternative Technologies March 11, 1997 ELJEN IN -DRAIN SYSTEM Eljen Corporation, 15 Westwood Road, Stors, 'CT 06268 Tel. (203) 429-9486 Description: alternative leach field without stone The Eljen leaching system consists of In -Drain, each constructed of recycled cuspated plastic core, both large and small, and a high grade non -woven biofabric. The biofabric is continuous and wrapped over and under each piece of plastic core. Each In -Drain unit is banded using high strength plastic strapping to a final dimension, 3'Wx4l'Lx7l'H. In -Drain units are placed on top of 6" of concrete sand end to end and the distribution pipe is placed directly on top of the units. The system is then covered with a geotextile fabric. It is intended to be used as a leaching system without the stone instead of a conventional soil absorption system. Status: The Eljen Leaching System Type B module has been Certified for General Use. When used in a trench configuration, the system provides an effective leaching area of 6.2 square feet per linear foot. Approval Process: 1. Where a conventional Title 5 system can be installed on the property: Disposal System Construction Permit from the local approving authority. No application to DEP required, unless variances to Title 5 are needed in which case apply to the regional office of DEP using form BRP WP 59b. 2. In .areas subject to the nitrogen limitations of Title 5: Loading on the lot cannot exceed 440 gallons per day per acre. If used with a nitrogen reducing technology, the nitrogen credit and the approval process for that technology apply. Disposal System Construction Permit from the local approving authority. 3. Remedial situations: Disposal System Construction Permit from the local approving authority. If within the authority of Local Upgrade Approval, no application to DEP is required. If DEP variances are needed, apply to the Regional Office of DEP using application form BRP WP 59b. ILI9T3.971 - Page: 15 List of Innovative / Alternative Technologies March 11, 1997 ENVIROCHAMBER Hancor, Inc., 401 Olive Street, P.O. Box 1047, Findlay, OH 45839 Tel. (419) 422-6521 Description: alternative leach field without stone The EnviroChamber is an open bottom leaching chamber molded from high density polyethylene. It is intended to be used without stone instead of a conventional leaching field. Status: The EnviroChamber has been Certified for General Use. When used in a trench configuration, each standard chamber provides an effective leaching area of 26.04 square feet and each high capacity chamber 32.29 square feet. Approval Process: 1. Where a conventional Title 5 system can be installed on the property: Disposal System Construction Permit from the local approving authority. No application to DEP required, unless variances to Title 5 are needed in which case apply to the regional office of DEP using application form BRP WP 59b. 2. In areas subject to the nitrogen limitations of Title 5: Loading on the lot cannot exceed 440 gallons per day per acre. If used with a nitrogen reducing technology, the nitrogen credit and the approval process for that technology apply. Disposal System Construction Permit from the local approving authority. 3. Remedial situations: Disposal System Construction Permit from the local approving authority. If within the authority of Local Upgrade Approval, no application to DEP is required. If DEP variances are needed, apply to the Regional Office of DEP using application form BRP WP 59b. ILIST3.971 Page: 16 List of Innovative / Alternative Technologies March 11, 1997 INFILTRATOR Infiltrator Systems, 4 Business Park Rd, Old Saybrook, CT 06475 Tel. (800) 221-4436 Description: alternative leach field without stone The Infiltrator unit is an open bottom leaching chamber molded from high density polyethylene. It is intended to be used without stone instead of a conventional leaching field. Status: The High Capacity Infiltrator Chamber has been Certified for General Use. When used in a trench configuration, each chamber provides an effective leaching area of 28.12 square feet. Approval Process: 1. Where a conventional Title 5 system can be installed on the property: Disposal System Construction Permit from the local approving authority. No application to DEP required, unless variances to Title 5 are needed in which case apply to the regional office of DEP using application form BRP WP 59b. 2. In areas subject to the nitrogen limitations of Title 5: Loading on the lot cannot exceed 440 gallons per day per acre. If used with a nitrogen reducing technology, the nitrogen credit and the approval process for that technology apply. Disposal System Construction Permit from the local approving authority. 3. Remedial situations: Disposal System Construction Permit from the local approving authority. If within the authority of Local Upgrade Approval, no application to DEP is required. If DEP variances are needed, apply to the Regional Office of DEP using application form BRP WP 59b. ILIST3. 971 - - Page: 17 List of Innovative / Alternative Technologies March 11, 1997 JET MODEL J-353 INDIVIDUAL HOME AEROBIC WASTEWATER TREATMENT PLANT Stephen B. Nelson, 175 Spring Street, Rockland, MA 02370. Tel. (617) 878-3849 Description: enhanced wastewater treatment The JET individual home aerobic wastewater treatment plant uses a primary settling zone, aerobic treatment zone, and a secondary clarifying zone to treat wastewater. Solids settle or float in the primary chamber. In the aerobic zone, a fixed media encourages the growth of bacteria which digest the incoming wastewater. Aerobic conditions are maintained by an aspirator which mixes and disperses fine air bubbles through the aerobic zone. Clear effluent is produced in the final clarifying zone where solids are settled back into the aeration zone. The system can be used for a design flow of up to 440 gallon per day. Status: The JET Model J-353 Individual Home Aerobic Wastewater Treatment Plant is Approved for Remedial Use with a Title 5 system in which it replaces the septic tank. In addition to the soils described in 310 CMR 15.242, it can be used in soils of 60 to 90 minutes per inch with a loading rate of 0.15 gpd per sq. ft. The following can be reduced: * 50% reduction of the leaching field, or * 2' reduction of the groundwater separation or * 2' reduction of the requirement for four feet of naturally occurring soil. Approval Process: 1. Remedial situations: Disposal System Construction Permit from the local approving authority. No application to DEP is required for each installation, provided that the.application and use of the technology is consistent with any conditions established by the Department and the new Code. If DEP variances are needed, apply to the Regional Office of DEP using application form BRP WP 59b. [LIST3.971 Page: 18 List of Innovative / Alternative Technologies March 11, 1997 JET MODEL J-335 INDIVIDUAL HOME TERTIARY TREATMENT SAND FILTER Stephen B. Nelson, 175 Spring Street, Rockland, MA 02370. Tel. (617) 878-3849 Description: enhanced wastewater treatment The JET tertiary treatment sand filter is a modular design sand filter approved for use with an aerobic treatment plant. A small pump automatically directs backwash/recirculation flow back to the primary settling zone of the aerobic plant. Status: The JET Model J-335 tertiary treatment sand filter is Approved for Remedial Use with a Title 5 system. No additional credits are given for removal over that given for the aerobic treatment system with which it is used. Approval Process: 1. Remedial situations: Disposal System Construction Permit from the local approving authority. No application to DEP is required for each installation, provided that the application and use of the technology is consistent with any conditions established by the Department and the new Code. If DEP variances are needed, apply to the Regional Office of DEP using application form BRP WP 59b. [LIST3.97] Page: 19 List of Innovative / Alternative Technologies March 11, 1997 KROFTA COMPACT CLARIFIER Lenox Institute of Water Technology, 101 Yokun Avenue, Lenox, MA 01240 Tel. (413) 637-3025 Description: enhanced wastewater treatment, nitrogen reduction The KCC 5-2.25 compact water clarification system is a wastewater clarifier capable of flows up to 5 gallons per minute. The KCC clarifier combines the technology of flotation with sand filtration in a compact package to provide additional removal of wastewater contaminants discharged by traditional septic tanks. The system contains a self automated control panel which operates both the filtration process and a periodic backwash allowing the system to clean itself. Status: The KROFTA Compact Clarifier is Approved for Piloting with a complete Title 5 system. The applicant seeks to demonstrate that the technology can improve clarification of a septic tank effluent in order to reduce TSS, phosphorous, nitrate and BODS. Approval Process: Disposal System Construction Permit from the local approving authority and DEP approval. If DEP variances are needed, apply to the Regional Office of DEP using application form BRP WP 59b. If DEP variances are not needed, send a copy of local application together with a supplemental transmittal form (you can get a copy of the form from the manufacturer of the system) to the Boston office of DEP. [LIST3.973 Page: 20 List of Innovative / Alternative Technologies March 11, 1997 RUCK SYSTEM Holmes & McGrath, Inc., 200 Main Street, Falmouth, MA 02540 Tel. (800) 874-7373 Description: enhanced wastewater treatment, nitrogen reduction The RUCK System is designed to treat domestic sewage by means of parallel septic tanks (receiving gray water and black water, separately), a nitrifying (RUCK) filter and a conventional subsurface leaching system with the intent of treating the effluent from the nitrifying sand filter by mixing it with gray water to promote denitrification in the leaching area. Status: Certified for General Use for residential flows under 2,000 gallons per day. For new construction in areas subject to the nitrogen loading limitations of Title 5, loading on the lot cannot exceed 660 gallons per day per acre. Existing 2 bedroom homes in these areas can expand to 3 bedrooms if the lot is at least 10,000 sq. ft. or to 4 bedrooms if the lot is at least 15,000 sq. ft. Existing 3 bedroom homes can expand to 4 bedrooms if the lot is at least 15,000 sq. ft. Approval Process: 1. Where a conventional Title 5 system can be installed on the property: Disposal System Construction Permit from the local approving authority. No application to DEP required, unless variances to Title 5 are needed in which case apply to the regional office of DEP using application form BRP WP 59b. 2. Ir.. areas subject to the nitrogen limitations of Title 5: Disposal System Construction Permit from the local approving authority. If variances to Title 5 are needed apply to the regional office of DEP using application form BRP.WP 59b. 3. Remedial situations: Disposal System Construction Permit from the local approving authority. If within the authority of Local Upgrade Approval, no application to DEP is required. If DEP variances are needed, apply to the Regional Office of DEP using application form BRP WP 59b. [LIST3.97] Page: 21 List of Innovative / Alternative Technologies March 11, 1997 SANECO INTERMITTENT SAND FILTER Saneco, Inc., Box 9B, 65 Eastern Avenue, Essex, MA 01929 . Tel. (508) 768-3840 Description: enhanced wastewater treatment Intermittent sand filters are beds of medium to coarse sands, usually 24 to 36 inches deep and underlain with gravel containing underdrains. Effluent from the septic tank is intermittently applied to the surface and purification of the effluent occurs as it infiltrates and percolates through the sand bed. Underdrains collect the filtrate and convey it to the leaching field. Status: Certified for General Use when installed with a complete Title 5 system. Approved for Remedial Use with Title 5 system. In addition to the soils described in 310 CMR 15.242, it can be used in soils of 60 to 90 minutes per inch with a loading rate of 0.15 gpd per sq. ft. The following can be reduced: * 50% reduction of the leaching field, or * 2' reduction of the groundwater separation or * 2' reduction of the requirement for four feet of naturally occurring soil. Approval Process: 1. Where a conventional Title 5 system can be installed on the property: Disposal System Construction Permit from the local approving authority. No application to DEP required, unless variances to Title 5 are needed in which case apply to the regional office of DEP using application form BRP WP 59b, 2. In areas subject to the nitrogen limitations of Title 5: Loading on the lot cannot exceed 440 gallons per day per acre. If used with a nitrogen reducing technology, the nitrogen credit and the approval process for that technology apply. Disposal System Construction Permit from the local approving authority. 3. Remedial situations: Disposal System Construction Permit from the local approving authority. No application to DEP is required for each installation, provided that the application and use of the technology is consistent withany conditions established by the Department and the new Code. If DEP variances are needed, apply to the Regional Office of DEP using application form BRP WP 59b. [LIST3.97] Page: 22 List of Innovative / Alternative Technologies March 11, 1997 SMITH & LOVELESS, SINGLE HOME FAST Smith & Loveless, Inc., 14040 Santa Fe Trail Drive, Lenexa, KS 66215. Tel. (913) 888-5201 Description: enhanced wastewater treatment, nitrogen reduction The Single Home FAST process (Fixed Activated Sludge Treatment) consists of a primary settling zone and an aerobic biological zone. Solids are trapped in the primary zone where they settle. In the aerobic zone, the bacteria colony attaches itself to the surface of a submerged media bed and feeds on the sewage as it circulates. Status: The Single Home FAST system is Certified for General Use when used in conjunction with an otherwise fully complying Title 5 system. The Single Home FAST system is Approved for Provisional Use with a complete Title 5 system with flows of up to 550 gallons per day. For new. construction in areas subject to nitrogen loading limitations of Title 5 the allowable loading is 660 gallons per day per acre. Existing 2 bedroom homes in these areas can expand to 3 bedrooms if the lot is at least 10,000 sq. ft. or to 4 bedrooms if the lot is at least 15,000 sq. ft. Existing 3 bedroom homes can expand to 4 bedrooms if the lot is at least 15,000 sq. ft. Approved for Remedial Use with Title 5 system. In addition to the soils described in 310 CMR 15.242, it can be used in soils of 60 to 90 minutes per inch with a loading rate of 0.15 gpd per sq. ft. The following can be reduced: * 50% reduction of the leaching field, or * 2' reduction of the groundwater separation or * 2' reduction of the requirement for four feet of naturally occurring soil. Approval Process: 1. Where a conventional Title 5 system can be installed on the property: Disposal System Construction Permit from the local approving authority. No application to DEP required, unless variances to Title 5 are needed in which case apply to the regional office of DEP using form BRP WP 59b. 2. In areas subject to the nitrogen limitations of Title 5: Disposal System Construction Permit from the local approving authority and DEP approval. If DEP variances are needed, apply to the Regional Office of DEP using application form BRP WP 59b. If DEP variances are not needed, send a copy of the application to the local approving authority together with a supplemental transmittal form (you can get a copy of the form from the manufacturer of the system) to the Boston office of DEP. @LST3.971 Page: 23 List of Innovative / Alternative Technologies March 11, 1997 3. Remedial situations: Disposal the local approving authority. N for each installation, provided t: technology is consistent with ai Department and the new Code. If D the Regional Office of DEP using System Construction Permit from > application to DEP is required iat the application and use of the y conditions established by the 3P variances are needed, apply to application form BRP WP 59b. [LISTS .971 Page: 24 List of Innovative / Alternative Technologies March 11, 1997 SMITH & LOVELESS, MODULAR FAST Smith & Loveless, Inc., 14040 Santa Fe Trail Drive, Lenexa, KS 66215. Tel. (913) 888-5201 Description: enhanced wastewater treatment, nitrogen reduction For more details see description for Single Home FAST above. Status: The Modular FAST system is Certified for General Use when used in conjunction with an otherwise fully complying Title 5 system. The Modular FAST system is Approved for Provisional Use with a complete Title 5 system, as an equivalent to a Recirculating Sand filter for systems 2,000 to 10,000 gpd. For new construction of systems less than 2,000 gpd in areas subject to nitrogen loading limitations of Title 5 the allowable loading is 660 gallons per day per acre. Existing 2 bedroom homes in these areas can expand to 3 bedrooms if the lot is at least 10,000 sq, ft. or to 4 bedrooms if the lot is at least 15,000 sq. ft. Existing 3 bedroom homes can expand to 4 bedrooms if the lot is at least 15,000 sq. ft. Approved for Remedial Use with Title 5 system. In addition to the soils described in 310 CMR 15.242, it can be used in soils of 60 to 90 minutes per inch with a loading rate of 0.15 gpd per sq. ft. The following can be reduced: * 50% reduction of the leaching field, or * 2' reduction of the groundwater separation or * 2' reduction of the requirement for four feet of naturally occurring soil. Approval Process: 1. Where a conventional Title 5 system can be installed on the property: Disposal System Construction Permit from the local approving authority and DEP approval. If DEP variances are needed, apply to the Regional Office of DEP using application form BRP WP 59b. If DEP variances are not needed, send a copy of local application together with a supplemental transmittal form (you can get a copy of the form from the manufacturer of the system) to the Boston office of DEP. 2. In areas subject to the nitrogen limitations of Title 5: Disposal System Construction Permit from the local approving authority and DEP approval. If DEP variances are needed, apply to the Regional Office of DEP using application form BRP WP 59b. If DEP variances are not needed, send a copy of local application togetherwith a supplemental transmittal form (you can get a copy of the form from the manufacturer of the system) to the Boston office of DEP. CLIST3 . 97 1 Page: 2 5 List of Innovative / Alternative Technologies March 11, 1997 3. Remedial situations: Disposal System Construction Permit from the local approving authority. No application to DEP is required for each installation, provided that the application and use of the technology is consistent with any conditions established by the Department and the new Code. If DEP variances are needed, apply to the Regional Office of DEP using application form BRP WP 59b. [LISTS .971 Page: 26 List of Innovative / Alternative Technologies March 11, 1997 SOLVIVA BIOCARBON WASTEWATER FILTER: Solviva, RFD 1 Box 582, Vineyard Haven, MA 02568 Tel. (508) 693-3341 Description: enhanced wastewater treatment, nitrogen reduction The Solviva Biocarbon Wastewater Filter consists of a "brownfilter", which is installed after a septic tank, and a "greenfilter" which is installed after the "brownfilter". The "brownfilter" comprises several 32 -gallon barrels filled with leafmold, compost and sawdust. Effluent from the "brownfilter" passes to the "greenfilter" which is an open -bottomed evapotranspiration bed which contains plants and also acts as a soil absorption bed. The "brownfilter" barrels can be removed and replaced as their filtering capacity becomes exhausted, while the "greenfilter" is a permanent installation. Status: Solviva Biocarbon Wastewater Filter is Approved for Piloting as a substitute for a soil absorption system following a Title 5 compliant septic tank. The applicant seeks to demonstrate that: 1. the technology is an equivalent to a Recirculating Sand filter for systems 2,000 to 10,000 gpd. For new construction of systems less than 2,000 gpd in areas subject to nitrogen loading limitations of Title 5 the allowable loading is 660 .gallons per day per acre. Existing 2 bedroom homes in these areas can expand to 3 bedrooms if the lot is at least 10,000 sq. ft. or to 4 bedrooms if the lot is at least 15,000 sq. ft. Existing 3 bedroom homes can expand to 4 bedrooms if the lot is at least 15,000 sq. ft. 2. the system can function with a soil absorption system area reduced by 670-.. Approval Process: Disposal System Construction Permit from the local approving authority and DEP approval. If DEP variances are needed, apply to the Regional Office of DEP using application form BRP WP 59b. If DEP variances are not needed, send a copy of local application together with a supplemental transmittal form (you can get a copy of the form from the manufacturer, of the system) to the .Boston office of DEP. [LISS3 . 971 Page: 27 List of Innovative / Alternative Technologies March 11, 1997 WATERLOO BIOFILTER Waterloo Biofilter System, Inc. 2 Taggart Court, Unit 4, Guelph, Ontario N1H 6H8 Tel. (519) 836-.3380 e-mail: waterloo.biofilter@sympatico.ca Or in Massachusetts: D.F. Clark, Inc. PO Box 265, Ipswich, MA 01938 Tel. (508) 356-5538 Description: enhanced wastewater treatment The Waterloo Biofilter is an alternative to a sand filter which uses a higher loading rate. It is installed between the septic tank and leaching field. The system uses a porous plastic foam as the media over which septic tank effluent is pumped and allowed to flow. The media has a high pore fraction and, allows flow of air concurrent with the downward flow of effluent, maintaining aerobic conditions. Airflow can be maintained with a blower or by natural convection. The filter material provides an attachment means for bacteria which digest the sewage. Status: The Waterloo Biofilter is Approved for Remedial Use with a Title 5 system. In addition to the soils described in 310 CMR 15.242, it can be used in soils of 60 to 90 minutes per inch with a loading rate of 0.15 gpd per sq. ft. The following can be reduced: * 50% reduction of the leaching field, or * 2' reduction of the groundwater separation, or * 2' reduction of the requirement for four feet of naturally occurring soil. Approved for Piloting. The applicant seeks to demonstrate that: 1. the technology can produce effluent which meets the following criteria: BOD of 15 mg/l TSS of 10 mg/l 95% removal of coliform bacteria 2. due to the high effluent quality, the system can operate with increased loading rates for a given soil textural class: Soil Textural Class Max Loading (GPD/ft') I 5.0 II 3.0 III 2.5 IV 1.0 (pressure trench only) 3. the technology can provide groundwater protection at least equivalent to a.standard Title 5 system, including pathogen removal, with a groundwater separation distance of as little as 18 inches from the bottom of the leaching field. [LIST3.997 Page: 28 List of Innovative / Alternative Technologies March 11, 1997 Approval Process: 1. For Piloting: Disposal System Construction Permit from the local approving authority and DEP approval. If DEP variances are needed, apply to the Regional Office of DEP using application form BRP WP 59b. If DEP variances are not needed, send a copy of local application together with a supplemental transmittal form (you can get a copy of the form from the manufacturer of the system) to the Boston office of DEP. 2. Remedial situations: Disposal System Construction Permit from the local approving authority. If within the authority of Local Upgrade Approval, no application to DEP is required. If DEP variances are needed, apply to the Regional Office of DEP using • application form BRP WP 59b. [LISTS .97 ] Page: 2 9 WILLIAM F. WELD Governor ARGEO PAUL CELLUCCI Lt. Governor Boards of Health System Inspectors Soil Evaluators Subject: ry � --3 COMMONWEALTH OF MASSACHUSETTS u/J� EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION flUY 1 9 1997 ONE WINTER STREET, BOSTON, MA 02108 617-292-5500 Subsurface Sewage Disposal System Inspection Form and Guidance May 7, 1997 i.; fY 0,;SALEK9 I o�, —1 I%EPT. TRUDY CORE Secretary DAVID B. STRUHS Commissioner Enclosed is a copy of the most recent edition of the System Inspection Form and Guidance that reflects revisions to the metal septic tank inspection requirements as contained under Section 15.303(l)(a)6 of Title 5, and additions to the section of the Inspection Form that addresses depth to groundwater. Also, a number of minor revisions have been made throughout the content of the form and the guidance. Please take a few minutes to familiarize yourself with the updated forms. Should you have questions, or need additional information regarding the forms, please contact John Viveiros at (617) 292-5837. Sincerely, 9 (tohnJ. Higgins, Deputy Director Municipal Facilities formguid,cvr i GUIDANCE FOR THE INSPECTION OF SUBSURFACE SEWAGE DISPOSAL SYSTEMS INTRODUCTION On-site sewage disposal systems are governed by Title 5 of the State Environmental Code (310 CMR 15.000). Experience has shown that when properly designed and sited, these systems provide an acceptable level of wastewater treatment and are a legitimate treatment and disposal option in areas where centralized sewers are not available.. However, given the traditional view that these systems are temporary solutions until sewers are provided, they are of.ten.neglected and this can result in harm—to the environment and threats to the•public health. In order to address this problem and correct the prevailing attitude toward on-site systems, Title 5 requires that systems be inspected -under certain circumstances. In this manner, system owners can be educated about the importance of properly maintaining their systems, and those systems which are an environmental or public health threat can be identified and upgraded. This document is intended to provide guidance to both the system owner and the system inspector for evaluating the adequacy of existing subsurface sewage disposal systems. Approved.System Inspectors are charged with the responsibility of inspecting systems in accordance with 310 CMR 15.302, 15.303, and this guidance and reporting their findings to the approving authority. The goal of the 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 conditions exist which show the system is .failing to protect public health or the environment, the=system must be repaired, replaced,.or upgraded. The only grounds for failing a system or conditionally passing a system -are if any of the criteria listed on the inspection -form and specified--in-3l0 -CMR. 15-303 are met.: . _ The inspection must avoid disruption of the -functioning of the system and should be conducted to minimize disruption of the site in general. " However, at -a --minimum, all manholes, covers, and cleanouts must be exposed in order to achieve the goal of this inspection. Pumping of system components, when required, shall be done after an initial inspection of the entire disposal system to observe normal operating conditions. Each component requiring pumping can then be reinspected after pumping has been completed. The Department has -developed an approved System Inspection Form (attached to this guidance) which is to be completed by the Inspector when doing an evaluation. The Form consists of: Part A- Certification Part B- Checklist Part C- System Information (zaviud 04/25/97) 1 GUIDANCE ON COMPLETING INSPECTION FORM PART A - CERTIFICATION The Certification Section has two principle identification information on the property inspector. Second, it presents the results the failure criteria outlined in 310 CMR. 15 statement, the inspector.is certifying that time of inspection are accurately presented inspector is not certifying that the system of the system nor for the future use of the functions. First it provides being inspected .and the of the inspection relative to .303. In the certification the conditions -existing at the in the inspection report. The is adequate for the current use system. In the Inspection Summary portion of ,Part A, the inspector indicates whether the -..system. passed .inspection, conditionally.passed-,inspection, failed inspection, or needs further evaluation by the Local Approving Authority. Usually the local Board of Health is the Local Approving Authority. For systems with a`design flow of 10,000 gallons per day or greater or for state owned and federal facilities, the Department is the Local Approving Authority. SYSTEM PASSES - None of the failure criteria listed in 310 CMR 15.303 are violated. SYSTEM CONDITIONALLY PASSES I FURTHER EVALUATION IS REQUIRED BY THE BOARD OF HEALTH There are a number of situations where the inspector will not be able to determine if the system passes or fails. These are listed on the form under the section, "Further Evaluation is required by the Board of Health". The first two situations involve cesspools or privies located within W -feet of a surface water -.body (not a.drinking_water supply or its tributaries) 'or a -bordering vegetated wetland or salt marsh. These systems will pass inspection unless the Board of Health determines that a cesspool or privy are functioning in a manner which does not protect the public health and safety and the environment. This determination must be made by the Board of Health. System inspectors can NOT make this evaluation.. The system inspector should merely identify that the cesspool or privy is located within the setback. Boards of Health will use other information collected by the =inspector, such as depth to ground water, system design and flow characteristics, along with specific guidance prepared by the Department to help with that determination. (reviud 04/25/97) A second set of situations involve septic tank and soil absorption systems, where the soil absorption system (SAS) is too close to drinking water supplies, drinking water supply tributaries, public and private water supply wells. In these situations, the systems are deemed to be failed unless the Board of Health (in conjunction with the public water supplier in the case of public surface water supplies and their tributaries) determines that the systems are functioning in a manner that protects the public health and safety and the environment. Again, the system inspector can NOT make this evaluation. The information collected during the inspection and the guidance provided by the Department will be used by the Board of Health to make the determination. The system inspector can assist the Board of Health in the case of soil absorption systems located less than 100 feet from a private drinking water well by arranging to have the well tested for coliform bacteria; volatile;organic compounds and ammonia and nitrate nitrogen. SYSTEM FAILS The system fails if any of the criteria listed in 310 CMR 15.303 (1)(a) through (c) are violated. If the system fails, the owner or operator of the system should contact the Board of Health.before any Ile attempt is made to upgrade or repair -t -he system or otherwise attempt to bring the system into compliance. In virtually every situation, a permit will be needed from the Board of Health. It only makes sense, therefore, to contact the Board of Health to determine what the Board will require before arranging -to have plans drawn, etc. LARGE SYSTEMS In addition to the criteria that -apply to ail Title 5 regulated- -systems, there.are several.cri-mria�that apply to systems.which-serve facilities with a design flow of 10,000 gallons per day or greater. If the large system is located within 400 feet of a surface drinking water supply, 200 feet of a tributary to a surface drinking water supply or within a nitrogen sensitive area (Interim Wellhead Protection Area (IWPA) or az-mapped Zone II of a public water supply well), the system is failing to protect the public health and safety and the environment. In this instance, the owner/operator of the system will be required to obtain a ground water discharge permit from the Department.. The owner/operator should contact the local regional office of the Department to determine what must be done._ The completed System Inspection Form must be submitted to the approving authority within 30 days by the approved System Inspector. The regulations (310 CMR 15.301(10) provide the owner of a system the ability to have their system assessed without having a complete inspection. Such an assessment need not be done by an approved System Inspector. It can NOT be used to satisfy the requirements to have a system inspected as required in 310 CMR 15.301. Finally, the results of a voluntary assessment not performed to comply with the requirements of section 310 CMR 15.301 need not be submitted to the Local Approving Authority. (revi..d 04/75/97) 3 MINIMUM REQUIREMENTS FOR AN INSPECTION The following are the minimum requirements necessary to complete an inspection. Meeting these minimum criteria, however, should not be construed as completion of an acceptable inspection if, through reasonable .effort, a complete inspection of all components of the system is feasible. Furthermore, if a complete inspection cannot be performed, the inspector must provide adequate documentation of the specific conditions which prevented a complete inspection and should indicate on the inspection form what was done to try to locate components, determine high groundwater, etc. 1. The inspector must note the general conditions of the property to identify any obvious signs of failure. These would include but not be limited to backup of sewage to the facility, effluent ponding, breakout to the surface of the ground or to surface waters, and other occurrences :which professional judgement would deem indications of failure. 2. All components prior to the leaching facility must be located and inspected. In a conventional component system, this would generally require inspection of the septic tank and distribution box. If a cesspool system, all cesspools in the system must be exposed for inspection., 3. Determine high groundwater elevation at the site. PRELIMINARY ACTIVITIES Information on system pumping must be requested of the owner, occupant, Board of Health or•septage receiving facility. . Inspections of on -:site systems should begin :with a records -search at thelocal board -of -health or othe-n•appropriate sources --to obtain -design plans and as -built drawings, if available. ''his information will facilitate locating the system components in the field..1:If these -records are.not available, then the components -will have to be located by other means. Non-invasive techniques for locating system components such as the use of metal detectors or estimating length and direction of pipes are preferred options. However, as a last resort, it may be necessary to expose piping at intervals in order to trace out the layout of the system. (:wised 04/25/97) INSPECTION PROCEDURE e GENERAL: Walk around the entire site to note general conditions and check for obvious signs of failure such as surface breakout or ponding. Look for signs of sewage, stains on the ground or saturated, spongy soils. The presence of sewage odors must be determined when first arriving at the site. Check pumping records for frequency of system -pumping and verify --that the system has not been pumped within two weeks prior to inspection. Interview occupants concerning back-up or break-out or high groundwater. Sewage backup into the house can be caused by: 1. clogged pipes 2. surcharged septic tank 3. failed.leaching area It is extremely important that the inspector determine the cause of the backup or breakout. For example, if the problem is due solely to broken or - obstructed pipes, this would be considered a Conditional Pass situation. However, if the cause of the backup or breakout can be attributed -to a general clogging of the leaching system by solids, then this could be grounds for failing the system. Locate and inspect pipes exiting the building. SEPTIC TANK: Expose and remove manhole covers: �If septic covers are more than a -foot deep, recommend that extensions be...provided.Lo within six. .(6)_.inches of finished grade. - Determine material of construction. If the tank -is a metal tank this is grounds for a conditvoml pass --providing that no other conditions exist which would trigger a system failure;.:..... o?mx car: rserur .has Check inlet and outlet tees or baf.fles..for damage. Recommend -repair if necessary basedon the requirements .of -31O CMR 15.227. Check liquid levels for evidence of leakage. If tank is discharging when there is no flow from facility there may be infiltration to the tank which would indicate that the tank may be in high groundwater and is not watertight. If the liquid level is below the outlet invert then the tank is probably leaking to surrounding soils. Leaking tanks must be pumped to be inspected further. If further inspection shows that the tank is cracked, structurally unsound, is leaking or,if groundwater is,infiltrating the system through a crack.or seam, this condition should warrant a conditional pass which would require replacement or sealing of the tank if no other failure criteria are triggered. If the liquid level is above the outlet and there is no outflow, then the outlet pipe may be clogged, or broken or the distribution box may be surcharged. The inspector should try (rwiud 04/25/97) 5 z to determine the cause. If a surcharge in the tank is due to a broken or clogged pipe or other easily correctable circumstance, the system should receive a conditional pass if no other failure criteria are triggered. Measure sludge depth and thickness and record on the inspection form. Recommend pumping in accordance with the regulations if the sludge layer is within twelve inches of the outlet tee or baffle. Measure scum depth and thickness and report. Recommend pumping in -accordance with the regulations if the -bottom of the scum layer is within two inches of the bottom of the outlet tee or if the top of the scum layer is within two inches of the top of the outlet tee. Check for evidence of backup (i.e., liquid level is significantly higher than the invert of the outlet pipe). The outlet pipe will need to be examined as it enters the distribution box to -determine the cause of the backup. If the backup is due to a broken or obstructed pipe and no other failure criteria are triggered, the system may conditionally pass inspection. DISTRIBUTION BOX: Expose and remove cover. Determine if d -box is level and if flow is -equal. Check if there is evidence of solids carryover. Check if static water level is at or higher than invert -of outlet pipe. If the liquid level is above the outlet and there is no outflow, either the outlet pipes are clogged or the leaching area is surcharged and in,.failure. The inspector must determine the cause. The -system may qualify for a conditional pass if the high liquid level is due -to broken or obstructed pipes, broken distribution box or if the.distribution box -is uneven or settled. It should be noted that, if the hydraulic backup is due to a soil absorption system which is clogged, the system CAN NOT be made to pass by application to the soil absorption system of physical, chemical or .,biological agents orz.treatments. zSuch..failures-can, generally, only be corrected by upgrading or Teplaciag the system. The Local Approving Authority should be consulted before any effort is made to repair or upgrade a failed soil absorption system. Check the pump function if there is a dosing chamber instead of a distribution box. Similarly, if the system includes a siphon, its condition and functionality should.be determineda--.1f the pump.is.not functioning properly, the system may receive•a conditional pass provided that the pump is repaired or replaced. If the siphon is not functioning and cleaning the siphon cannot correct the problem, the siphon should be replaced with a pump system (unless it is part of a recirculating sand filter system or other approved alternative technology). In either case, the entire system does NOT need to be upgraded unless other conditions exist which would warrant a complete upgrade. (revised 0{/25/97) 6 SOIL ABSORPTION SYSTEM: a It is extremely important that the inspector locate the leaching system, however; excavation of the soil absorption system, once it is located, is typically NOT required. It may be appropriate to expose a portion of the soil absorption system (especially if the leaching system is a pit) to determine its condition if other indications of failure, such as evidence ofbreakout, ponding, sewage backup, condition_of the distribution box, etc., suggest that a failure of the-soil-"absuiption<-system may have occurred. If the system is a leaching pit, it will generally make sense to open the pit and pump the liquid out.of the -pit to determine if --groundwater infiltrates back into the pit. Approximate layout should be determined by examining topography and noting drain arrangement from access at distribution box. Location of the leaching system can often be done by running a snake down the line(s) coming from the distribution box. Determine condition of soil (e.g. clogged, hydrogen sulfide crust, etc.) Determine level of ponding within disposal area (visual inspection) Determine i -f leaching --system is below -the high groundwater elevation. It should be noted that a soil absorption system, which fails because it is clogged, CAN NOT be made to pass by application to the soil absorption system of physical, chemical or biological agents or treatments. Such failures can, generally, only be -corrected by upgrading or replacing the system. The Local Approving Authority should be consulted before any effort is made to repair or upgrade a failed soil absorption system. HIGH GROUNDWATER DETERMINATION Location of the bottom of the leaching -facility•compared to the HIGH groundwater elevation is the most common reason for the.failure-of .s-ystems inspected. It is also the most --important reason that sewage is not adequately treated_befare inters -the groundwater table. For": -these reasons it is most important that the HIGH groundwater elevation be properly determined. The phrase HIGH groundwater elevation is used throughout this advice because the groundwater elevation can vary significantly throughout the year, from year to year, and in different types of soils. HIGH groundwater elevation is defined iii Title --5 (310<CMR-15:00) in -the definition section (15.002) as follows: (a) INLAND The elevation above which in eight out of ten consecutive years the groundwater table does not rise. This elevation is commonly, but not invariably, reached during the months -of December through -April. (b) COASTAL For groundwaters influenced by tidal action, the average of the monthly spring high tide groundwater level as recorded over the most recent consecutive 19 -year period. At the present time the most reliable method of determining the HIGH groundwater elevation is to excavate a deep test hole and have it evaluated by a certified soil evaluator. This method is probably beyond the scope of (revi.ed.04/25/97) 1 7 i MOST system inspections, and should be used only in rare cases where there is disagreement among the inspector, the homeowner and the board of health, and then only after consultation with the homeowner and the board of health. Acceptable methods of estimating HIGH groundwater.elevation are.as.follows: a. READ IT FROM THE PLANS if plans of the.disposal-system are available they should show the ground water elevation on which the plan was based. Unfortunately many older systems have no plans available; some that do have plans.merely record the groundwater elevation at the time of testing, which may or may not be the HIGH groundwater elevation. Be aware of the date these tests were performed, and how that fits into the water year. - b. OBSERVATIONS ON SITE Look for infiltration into septic tank, distribution box, cesspool ... even leaching pits, galleys, chambers if,appropriate. Investigate the use of hand augers to examine small sections of underlying soil. C. DETERMINE IT FROM LOCAL CONDITIONS Observe the elevation of nearby wetlands;- check -for groundwater elevations on plans for systems located nearby; see if there is a sump pump in the building whose - system you are inspecting; look for watermarks on cellar walls. "NEARBY" is of course a subjective word. Be prepared to justify this use. d.. CHECK WITH LOCAL BOARD OF HEALTH Many towns maintains network of groundwater monitoring wells which show relative groundwater elevations. e. •CHECK WITH.USDA The United -.States Department of Agriculture, Natural Resources Conservation Service, often has maps, -.records -and soil surveys, and a very knowledgeable staff,-which'are helpful -in - determining HIGH groundwater -elevation. -f . -Check FEMA ,nags. -rhese -flood plain -maps, from the Federal Emergency management Agency, can be useful. They are often available from the local Conservation Commission. g.. CHECK PUMPING RECORDS If the system you are inspecting is pumped each, spring it is possible this is needed due to high water. h. CHECK -LOCAL DIGGERS.:.:.Talk with the local water-departztent and sewer department -toaImearn -if theyhave-sany-fimt--hand'-+now•3edge-of-W& er depths. Do the same with local excavators and installers; check with the gas, telephone and electric companies. i. -SUBSCRIBE TO USGS. Subscribe below. Read it each month to your area. to the USGS Groundwater record mentioned be aware of the groundwater trend in (revised 04/]5/97) - 8 j. KNOW THE CURRENT STATE OF GROUNDWATER Groundwater elevations are s recorded monthly by the U.S. GEOLOGICAL SURVEY throughout New England, including over 100 wells in Massachusetts. Examination of the records from these wells shows water elevation changes varying from less than a few feet to more than seventeen feet in a given well. These records are available from: U.S.GEOLOGICAL SURVEY --.- 28 LORD ROAD SUITE 280 MARLBOROUGH, MA 01752 Methods k. through n. below constitute more invasive means of determining high groundwater elevation. This guidance does not suggest that these methods are required in all cases; however, in instances where methods a. through h. above have failed to provide adequate information for determining high groundwater elevation, it may be necessary to employ these methods as described below. k. small diameter wellpoints can be driven to monitor groundwater elevation... Use -appropriate adjustments to determine high groundwater elevation. This method may not be suitable for all soil conditions. 1.• after observing effluent water levels, pump the leaching facility and monitor to see if groundwater rises to the bottom (may be more applicable to pits, chambers and galleries than trenches and.fields). This approach should be taken with caution. If done during the dry �- season, the results do not guarantee that subsequent groundwater level rise will not inundate the leaching system. Best.professiona1 judgement must be used in -.:order --to determine at what -point --backflow into the system is due to groundwater infiltration or other -factors. Also, in some soils, groundwater may take some time_to stabilized. In these instances proper precautions must -be taken to insure -that the open area around the leaching facility is properly secured to prevent injury. The system owner may -choose to have the high groundwater elevation determined by the methods described in k. and 1. below to confirm or disprove the results obtained by other methods, or in place of the minimum requirements. M. drive an observation well with a.powered auger, observe the groundwater elevation and make appropriate adjustments to determine high groundwater elevation The -maximum depth of•rt-he-well•-should be twelve feet below grade at the lowest natural elevation -on the -site or six feet below the bottom of the leaching facility. n. dig a deep observation hole (generally the last resort) and use appropriate adjustments to determine maximum high groundwater elevation. The maximum depth of the hole should be twelve feet below grade at the lowest natural elevation on the site or six feet below the bottom of the leaching facility. (r.vi..d 04/35/97) 9 SINGLECESSPOOLS Inspection of a single cesspool must provide sufficient information to determine if any of the failure criteria are triggered. Minimum requirements are: Determine dimensions and materials of C-Onstruction. Measure liquid level distance to invert and evaluate compared to -failure criteria. Determine the distance -below the bottom of•..the cesspool to -high groundwater. Note depth of sludge, and scum. Require pumping upon completion of initial inspection. Observe infiltration of -groundwater, if any. OVERFLOW CESSPOOL SYSTEMS Overflow cesspool systems consist of an initial cesspool which .overflows to some type of leaching facility, either pits, fields or trerrches. Generally,-tnese systems are found in older facilities and have been installed bit by.bit over the years, usually to "repair failed cesspools. These are hybrid systems and do not fall under the definition of �cessDoolll as found in Title 5, nor are thev conforming Title 5 systems. When inspecting an overflow cesspoo3 system, the inspector should .-recognize that the first cesspool is nominally functioning as aseptic tank. This means that this unit is Iikely to be fitted with-irAet and _outlet pipes^and will not have the requisite free space of six inches or half a day's storage volume that is required for a -Bingle cesspool. Accordingly, in order to assess its suitability -to function as aseptic tank, the first cesspool should be.evaluated based on septic tank criteria, except for watertightness. Thus the inspector must check for sludge and +§.- i.scumu levels Rand:..dep�._�^_ondition- of inlet and outlet tees,- and other septic tank criteria. The -leaching system(s)or additional cesspool should then be evaluated based on criteria for soil absorption systems. Because the first cesspool is not watertight, it will leach some effluent and therefore must also be evaluated for setback distances for cesspools as defined in the failure criteria and held to these setbacks for determining.failure. In addition, -it must also.be pumped,_ after the evaluation of its function; in order to determine -if -the bottom of othe tank is above or below the maximum groundwater elevation, as is required for single cesspool systems. In some instances, there may be more than two cesspools in series. Each cesspool that has an inlet and outlet pipe and overflows to another type of soil absorption system is to be evaluated as a septic -tank as outlined above. Furthermore, they must be evaluated for cesspool setback criteria and pumped to determine if they are below the maximum -groundwater elevation. The terminal leaching facility, whether a pit,.trench field or additional cesspool (i.e. no outlet and/or connection to any other leaching facility or cesspool) would be subject to the soil absorption system criteria only. (r"i..d 04/25/97) - 10 SETBACKS Measure setbacks from drinking water supplies (soil absorption systems, cesspools and privies), surface waters (cesspools and privies only) and bordering vegetated wetlands'or salt marshes (cesspools and privies only). As previously indicated, encroachment-= these setbacks may trigger failure or require further evaluation of the system by the Local Approving Authority. The -System Inspector's job is only to gather information. It is the responsibility of the Local Approving Authority to determine an appropriate course -of action in regard to upgrade -requirements. -IT IS NOT THE SYSTEM INSPECTORS RESPONSIBILITY TO ENFORCE UPGRADE REQUIREMENTS OR TO MAKE ANY RECOMMENDATION OR DETERMINATION OF UPGRADE REQUIREMENTS. DIFFICULTY IN LOCATING COMPONENTS If the inspector is unable to locate components of the disposal system, the following steps should be followed: 1. Pursuant to 310 CMR 15.3.02 all components prior -to the leaching facility must be located. 2. If the system does not have a distribution box, then it is important to try and locate the leaching facility and inspect it directly in order to determine its condition. 3. If the high groundwater elevation is 12 feet or more below than the lowest surface elevation on the lot, and there is no evidence of backup in.the system, -the leaching facility-most.:likely is not below the high groundwater elevation. This condition,.however, should not relieve the inspector from exercising due -diligence in locating the leachingfacilityand inspecting its' -_condition. 4. The Local Approving Authority -should evaluate all "Not Determined" entries on the inspection form and has the final decision as to whether further investigation is required -to adequately evaluate the system. (roviaed 0{/25/97) 11 WILLIAM F. WELD Govemor ARGEO PAUL CELLUCCI Lt. Governor COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION ONE WINTER STREET. BOSTON. NIA 02105 617-292-5;00 SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PART A CERTIFICATION Property Address: - Address of Owner: Date of Inspection: _ (If different) Name of Inspector: am a DEP approved system inspector pursuant to Section 15.340 of Title 5 (310 CMR 15.000) Company Name: Mailing Address: Telephone Number: TRUDY CORE Secreu DAVID B. STRUHS Commissioner CERTIFICATION STATEMENT I certify that I have personally inspected the sewage disposal system at this address and that the information reported below is true, accurate and complete as of the time of inspection. The inspection was performed based on my training and experience in the proper function and maintenance of on-site sewage disposal systems. The system: Passes _ Conditionally Passes _ Needs Further Evaluation Fails Inspector's Signature: By the Local Approving Authority Date: The System Inspector shall submit a copy of this inspection report to the Approving Authority within thirty (30) days of completing this inspection. If the system is a shared system or has a design flow of 10,000 god or greater, the inspector and the system owner shall submit the report to the appropriate regional office of the Department of Environmental Protection. The original should be sent to the system owner and copies sent to the buyer, if applicable, and the approving authority. INSPECTION SUMMARY: Check A, B, C, or D: A] SYSTEM PASSES: 1 have not found any information which indicates that the system violates any of the failure criteria as defined in 310 CMR 15.303. Any failure criteria not evaluated are indicated below. COMMENTS: B) SYSTEM CONDITIONALLY PASSES: One or more system components as described in the "Conditional Pass" section need to be replaced or repaired. The system, upon completion of the replacement or repair, as approved by the Board of Health, will pass. Indicate yes, no, or not determined (Y, N, or ND). Describe basis of determination in all instances. If "not determined", explain why not. The septic tank is metal, unless the owner or operator has provided the system inspector with a copy of a Certificate of .Compliance (attached) indicating that the tank was installed within twenty (20) years prior to the date of the inspection; or the septic tank, whether or not metal, is cracked, structurally unsound, shows substantial infiltration or exfiltration, or tank failure is imminent. The system will pass inspection if the existing septic tank is replaced with a conforming septic tank as approved by the Board of Health. (reviaad 04/25/97) Pago 1 of 10 DEP on the World Wide Web: http:/t w magnet.state.ma.us/dep 0 Printed on Recycled Paper SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM - PART A CERTIFICATION (continued) - Property Address: Owner: Date of Inspection: BI SYSTEM CONDITIONALLY PASSES (continued) Sewage backup or breakout or high static water. level observed in the distribution box is due to broken or obstructed pipe(s) or due to a broken, settled or uneven distribution box. The .system will pass inspection if (with approval of the Board of Health). Describe observations: broken pipe(s) are replaced obstruction is removed - distribution box is levelled or replaced The system required pumping more than four times a year due to broken or obstructed pipe(s). The system will pass inspection if (with approval of the Board of Health): broken pipe(s) are replaced obstruction is removed C1 FURTHER EVALUATION IS REQUIRED BY THE BOARD OF HEALTH: Conditions exist which require further evaluation by the Board of Health in order to determine if the system is failing to protect the public health, safety and the environment. - 1) SYSTEM WILL PASS UNLESS BOARD OF HEALTH DETERMINES THAT THE SYSTEM IS NOT FUNCTIONING IN A MANNER N WHICH WILL PROTECT THE PUBLIC HEALTH AND SAFETY AND THE ENVIRONMENT: Cesspool or privy is within 50 feet of a surface water Cesspool or privy is within 50 feet of a bordering vegetated wetland or a salt marsh. 2) SYSTEM WILL FAIL UNLESS THE BOARD OF HEALTH (AND PUBLIC WATER SUPPLIER, IF APPROPRIATE) DETERMINES THAT - THE SYSTEM IS FUNCTIONING IN A MANNER THAT PROTECTS THE PUBLIC HEALTH AND SAFETY AND THE ENVIRONMENT: The system has a septic tank and soil absorption system (SAS) and the SAS is within 100 feet to a surface water supply or tributary to a surface water supply. The system has a septic tank and soilabsorption system and the SAS is within a Zone I of a public water supp!vwell. The system has a septic tank and soil absorption system and the SAS is within 50 feet of a private water supply well. The system has a septic tank and soil absorption system and the SAS is less than 100 feet but 50 feet or more from a private water supply well, unless a well water analysis for coliform bacteria and volatile organic compounds indicates that, the well is free from pollution from that facility and the presence of ammonia nitrogen and nitrate nitrogen is equal to or less than 5 ppm. Method used to determine distance (approximation not valid). 3) OTHER (revised 04/25/97) Page 2 of 10 SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PART A CERTIFICATION (continued) Property Address: Owner: Date of Inspection: D) SYSTEM FAILS: You must indicate either "Yes" or "No" as to each of the following: I have determined that the system violates one or more of the following failure criteria as defined in 310 CMR 15.303. The basis for this determination is identified below. The Board of Health should be contacted to determine what will be necessary to correct the failure. Yes No Backup of sewage into facility or system component due to an overloaded or clogged SAS or cesspool. Discharge or ponding of effluent to thesurface of the ground or surface waters due to an overloaded or clogged SAS or cesspool. Static liquid level in the distribution box above outlet invert due to an overloaded or clogged SAS or cesspool. Liquid depth in cesspool is less than 6" below invert or available volume is less than 1/2 day flow. Required pumping more than 4 times in the last year NOT due to clogged or obstructed pipe(s) Number of times pumped _. Any portion of the Soil Absorption System, cesspool or privy is below the high groundwater elevation. Any portion of a cesspool or privy is within 100 feet of a surface water supply or tributary to a surface water supply. Any portion of a cesspool or privy is within a Zone I of a public well. Any portion of a cesspool or privy is within 50 feet of a private water supply well. Any portion of a cesspool or privy is less than 100 feet but greater than 50 feet from a private water supply well with no acceptable water quality analysis. If the -well has been analyzed to be acceptable, attach copy of well water analysis for coliform bacteria, volatile organic compounds, ammonia nitrogen and nitrate nitrogen.. EJ LARGE SYSTEM FAILS: - You must indicate either "Yes" or "No" as to each of the following: The following criteria apply to large systems in addition to the criteria above: The system serves a facility with a design flow of 10,000 god or greater (Large System) and the system is a significant threat to public health and safety and the environment because one or more of the following conditions exist: Yes No the system is within 400 feet of a surface drinking water supply the system is within 200 feet of a tributary to a surface drinking water supply the system is located in a nitrogen sensitive area hnterim Wellhead Protection Area - IWPA) or a mapped Zone II of a public water supply well) The owner or operator of any such system shall bring the system and facility into full compliance with the groundwater treatment program requirements of 314 CMR 5.00 and 6.00. Please consult the local regional office of the Department for further information. (revised 04/25/97) Page 3 of 10 SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PART B CHECKLIST Property Address: Owner: Date of Inspection: Check if the following have been done: You must indicate either "Yes" or "No" as to each of the following: Yes No Pumping information was provided by the owner,, occupant, or Board of Health. _ None of the system components have been pumped for at least two weeks and the system has been receiving normal flow rates during that period: Large volumes of water have not been introduced into the system recently or as part of this inspection. As built plans have been obtained and examined. Note if they are not available with N/A The facility or dwelling was inspected for signs of sewage back-up. The system does not receive non -sanitary or industrial waste flow. The site was inspected for signs of breakout. All system components, excluding the Soil Absorption System, have been located on the site. The septic tank manholes were uncovered, opened, and the interior of the septic tank was inspected for condition of baffles or tees, material of construction, dimensions, depth of liquid, depth of sludge, depth of scum. The size and location of the Soil Absorption System on the site has been determined based on: The facility owner (and occupants, if different from owner) were provided with information on the proper maintenance of Sub -Surface Disposal System. Existing information. Ex. Plan at B.O.H. Determined in the field (if any of the failure criteria related to Part C is at issue, approximation of distance is unacceptable) [15.302(30)1 (revised 04/25/97) Page 4 of 10 SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PART C SYSTEM INFORMATION Property Address: Owner: Date of Inspection: FLOW CONDITIONS RESIDENTIAL: Design flow: e.p.d./bedroom for S.A.S. Number of bedrooms_ Number of current residents:_ Garbage gr,f)der (yes or no): Laundry connected to system (yes or no):_ Seasonal use ryes or no):_ Water meter readings, if available (last two (2) year usage (gpd): Sump Pump (yes or no):_ Last date of occupancy: COMMERC I.AUI N DUSTRIAU Type of establishment: Design flow: gallons/day Grease trap present: .(yes or no)_ Industrial Waste Holding Tank present: lyes or no)_ Non -sanitary waste discharged to the Title i system: (yes or no)_ Water meter readings, if available: Last Pate of occupancy OTHER: (Describe) Last date of occupancy: GENERAL INFORMATION PUMPING RECORDS and source of information: System pumped as part of inspection: Lyes or no)_ If yes, volume pumped: eallons Reason for pumping. TYPE OF SYSTEM Septic tank/distribution box/soil absorption system Single cesspool Overflow cesspool _ Privy Shared system (yes or no) (if yes, attach previous inspection records, if any) I/A Technology etc. Copy of up to date contract? Other APPROXIMATE AGE of all components, date installed (if known) and source of information: Sewage odors detected when arriving at the site: (yes or no) _ (revised 04/25/97) page 5 of 20 SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PART C SYSTEM INFORMATION (continued) Property Address: Owner: Date of Inspection: BUILDING SEWER: (Locate on site plan) - - Depth below grade:_ Material of construction: _ cast iron _ 40 PVC other (explain) Distance from private water supply well or suction h -r Diameter Comments:. (condition of joints, venting, evidence of leakage, etc.) SEPTIC TANK:_ (locate on site plan Depth below grade:_ Material of construction: _concrete _metal _Fiberglass _Polyethylene _other(explain If tank is metal, list age _ Is age confirmedbyCertificate of Compliance _ (Yes/No) Dimensions: Sludge depth: Distdnce from top of sludge to bottom of outlet tee or baffle:_ Scum thickness: Distance from top of scum to top of outlet tee or baffle. Distance from bottom of scum to bottom of outlet tee or baffle:_ How dimensions were determined: Comments: (recommendation for pumping, condition of inlet and outlet tees or baffles, depth of liquid level in relation to outlet invert, structural integrity, evidence of leakage, etc.) GREASE. TRAP:_ (locate on site plan) Depth below grade:_ Material of construction: _concrete _metal _Fiberglass _Polyethylene —other(explain) Scum thickness:_ Distance from top of scum to top of outlet tee or baffle: Distance from bottom of scum to bottom of outlet tee or baffle: Date of last pumping: _ Comments: (recommendation for pumping, condition of inlet and outlet tees or baffles, depth of liquid level in relation to outlet invert, structural integrity, evidence of leakage, etc.) (ravieed 04/25/97) Page 6 of 10 SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM .� PART C SYSTEM INFORMATION (continued) Property Address: Owner: Date of Inspection: TIGHT OR HOLDING TANK:_ (Tank must be pumped prior to, or at time, of inspection) (locate on site plan) Depth below grade:_ Material of construction: _concrete _metal _Fiberglass _Polyethylene —other(explain) Capacity: - gallons Design flow: gallons/da\ Alarm level: Alarm in working order _ Yes;-_ No Date of previous pumping: Comments: (condition of inlet tee, condition of alarm and float switches, etc.) DISTRIBUTION BOX:_ (locate on site plan) Depth of liquid level above outlet invert: Comments: (note if level and distribution is equal, evidence of solids carryover, evidence of leakage into or out of box, etc.) PUMP CHAMBER:_ (locate on site plan) Pumps in working order: (Yes or No)_ Alarms in working order (Yes or No)_ Comments: (note condition of pump chamber, condition of pumps and appurtenances, etc.) (revised 04/25/97) Page 7 of 10 SUBSURFACESEWAGEDISPOSAL SYSTEM INSPECTION FORM PART C SYSTEM INFORMATION (continued) Property Address: Owner: Date of Inspection: SOIL ABSORPTION SYSTEM (SAS):_ (locate on site plan, if possible; excavation not required, but may be approximated by non -intrusive methods) If not determined to be present, explain: Type: leaching pits, number: leaching chambers, number:__ leaching galleries, number:_ leaching trenches, number,length: leaching fields, number, dimensions: overflow cesspool, number:_ Alternative system: Name of Technology: Comments: (note condition of soil, signs of hydraulic failure, level of ponding, condition of vegetation, etc.) CESSPOOLS: (locate on site plan) Number and configuration: Depth -top of liquid to inlet invert: Depth of solids layer: Depth of scum layer: Dimensions of cesspool: Materials of construction: Indication of groundwater: inflow (cesspool must be pumped as pan of inspe Comments: (note condition of soil, signs of hydraulic failure, level of ponding, condition of vegetation, etc.) PRIVY: _ (locate on site plan) Materials of construction: Dimensions: Depth of solids: Comments: (note condition of soil, signs of hydraulic failure, level of ponding, condition of vegetation, etc.) - (revised 01/35/97) Page 8 of 10 SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PART C SYSTEM INFORMATION (continued) Property Address: Owner: Date of Inspection: SKETCH OF SEWAGE DISPOSAL SYSTEM: - include ties to at least two permanent references landmarks or benchmarks locate all wells within 100' (Locate where public water supply comes into house) (revised 09/25/97) Page 9 of 10 1. t SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM _ PART C �y SYSTEM INFORMATION (continued) Property Address: Owner: Date of Inspection: Depth to Groundwater Feet Please indicate all the methods used to determine High Groundwater Elevation: Obtained from Design Plans on record _ Observation of Site (Abutting property, observation hole, basement sump etc.) Determine it from local conditions Check with local Board of health - Check FEMA Maps Check pumping records Check local excavators, installers Use USGS Data Describe in your own words how you established the High Groundwater Elevation. (Must be completed) (revised 09/25/97) - Page 10 of 10 WILLIAM F. WELD Governor ARGEO PAUL CELLUCCI Lt. Governor - Boards of Health System Inspectors Soil Evaluators Subject: po COMMONWEALTH OF MASSACHUSETTS l` EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS !-#` Y 9 1997 DEPARTMENT OF ENVIRONMENTAL PROTECTION(,I i Y t;I=A ri4 E11 ONE WINTER STREET, BOSTON, MA 02108 617-292-5500 N=I-i-Lmjo ff; Subsurface Sewage Disposal System Inspection Form and Guidance May 7, 1997 TRUDY COXE Secretary DAVID B. STRUHS Commissioner Enclosed is a copy of the most recent edition of the System Inspection Form and Guidance that reflects revisions to the metal septic tank inspection requirements as contained under Section 15.303(1)(a)6 of Title 5, and additions to the section of the Inspection Form that addresses depth to groundwater. Also, a number of minor revisions have been made throughout the content of the form and the guidance. Please take a few minutes to familiarize yourself with the updated forms. Should you have questions, or need additional information regarding the forms, please contact John Viveiros at (617) 292-5837. Sincerely, John J. Higgins, Deputy Director Municipal Facilities formguid. cvr i GUIDANCE FOR THE INSPECTION OF SUBSURFACE SEWAGE DISPOSAL SYSTEMS I INTRODUCTION On-site sewage disposal systems are governed by Title 5 of the State Environmental Code (310 CMR 15.000). Experience has shown that when properly designed and sited, these systems provide an acceptable level of wastewater treatment and are a legitimate treatment and disposal option in areas where centralized sewers are not available.. However, given the traditional view that these systems are temporary solutions until sewers are provided, they are often neglected and this ran—result in harm -to the environment and threats to the public health. In order to address this problem and correct the prevailing attitude toward on -site -systems, Title 5 requires that systems be inspectediunder certain circumstances. In this manner, system owners can be educated about the importance of properly maintaining their systems, and those systems which are an environmental or public health threat can be identified and upgraded. This document is intended to provide guidance to both the system owner and the system inspector for evaluating the adequacy of existing subsurface sewage disposal systems. Approved.System Inspectors are charged with the responsibility of inspecting systems in accordance with 310 CMR 15.302, 15.303, and this guidance and reporting their findings to the approving authority. The goal of the 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 conditions exist which show the system -is .failing to protect public health or the environment, the -system must be repaired, replaced, or upgraded. The only grounds for failing a system or conditionally passing a system -are if any of the criteria listed on the inspect ion- form and specified-in-310_CMR:15_303 are met.: . The inspection must avoid disruption of the -functioning of the system and should be conducted to minimize disruption of the site in general. However, at -a-mrirri.mum, all manholes, covers, and cleanouts must be exposed in order to achieve the goal of this inspection. Pumping of system . components, when required, shall be done after an initial inspection of the entire disposal system to observe normal operating conditions. Each component requiring pumping can then be reinspected after pumping has been completed. The Department has -developed an approved System Inspection Form (attached to this guidance) which is to be completed by the Inspector when doing an evaluation. The Form consists of: Part A- Certification Part B- Checklist Part C- System Information (revised 04/35/87) 1 GUIDANCE ON COMPLETING INSPECTION FORM PART A - CERTIFICATION The Certification Section has two principle functions. First it provides identification information on the property being inspected and the. inspector. Second, it presents the results of the inspection relative to the failure criteria outlined in 310 CMR 15.303. In the certification statement, the inspector is certifying that the conditions -existing at the time of inspection are accurately presented in the inspection report. The inspector is not certifying that the system is adequate for the current use of.the system nor for the future use of the system. In the Inspection Summary portion of Past A, the inspector indicates whether the -.system passed .inspection, conditionally -passed--inspection, failed inspection, or needs further evaluation by the Local Approving Authority. Usually the local Board of Health is the Local Approving Authority. For systems with.a design flow of 10,000 gallons per day or greater or for state owned and federal facilities, the Department is the Local Approving Authority. SYSTEM PASSES None.of the failure criteria listed in 310 CMR 15.303 are violated. SYSTEM CONDITIONALLY PASSES There are a number of situations where the inspector will not be able to determine if the system passes or fails. These are listed on the form under the section, "Further Evaluation is required by the Board of Health". The first two situations involve cesspools or privies located within W -feet of a surface water body (xrot a drinking__water supply or its tributaries) or a -bordering vegetated wetland or salt marsh. These systems will pass inspection unless the Board of Health determines that a cesspool or privy are functioning in a manner which does not protect the public health and safety and the environment. This determination must be made by the Board of Health. System inspectors can NOT make this evaluation.. The system inspector should . merely identify that the cesspool or privy is located within the setback. Boards of Health will use other information collected by the =inspector, such as depth to ground water, system design and -flow characteristics, along with specific guidance prepared by the Department to help with that determination. (revised 0{/25/97) i A second set of situations involve septic tank and soil absorption systems, where the soil absorption system (SAS) is too close to drinking water supplies, drinking water supply tributaries, public and private water supply wells. In these situations, the systems are deemed to be failed unless the Board of Health (in conjunction with the public water supplier in the case of public surface water supplies and their tributaries) determines that the systems are functioning in a manner that protects the public health and safety and the environment. Again, the system inspector can NOT make this evaluation. The information collected during the inspection and the guidance provided by the Department will be used by the Board of Health to make the determination. The system inspector can assist the Board of Health in the case of soil absorption systems.located less than 100 feet from a private drinking water well by arranging to have the well tested for coliform bacteria; volatile; -organic compounds and ammonia and nitrate nitrogen. SYSTEM FAILS. The system fails if any of the criteria listed in 310 CMR 15.303 (1)(a) through (c) are violated. If the system fails, the owner or operator of the system should contact the Board of Health.before any y' attempt is made to upgrade or repair -tire system or otherwise attempt to bring the system into compliance. In virtually every situation, a permit will be needed from the Board of Health. It only makes sense, therefore, to contact the Board of Health to determine what the Board will require before arranging..to have plans drawn, etc. LARGE SYSTEMS In addition to the criteria;that -apply to al -1 Title 5 regulated- _ _systems* there are several.criteria that apply to systems -which --serve facilities with a design flow of 10,000 gallons per day or greater. If the large system is located within 400 feet of a surface drinking water supply, 200 feet of a tributary to a surface drinking water supply or within -a nitrogen sensitive area (Interim Wellhead Protection Area (IWPiA) ar as -mapped Zone II of a public water supply well),_the system is failing to protect the public health and safety and the environment. In this instance, the owner/operator of the system will be required to obtain a ground water discharge permit from the Department. The owner/operator should contact the local regional office of the Department to determine what must be done._.. The completed System Inspection Form must be submitted to the approving authority within 30 days by the approved System Inspector. The regulations (310 CMR 15.301(10) provide the owner of a system the ability to have their system assessed without having a complete inspection. Such an assessment need not be done by an approved System Inspector. It can NOT be used to satisfy the requirements to have a system inspected as required in 310 CMR 15.301. Finally, the results of a voluntary assessment not performed to comply with the requirements of section 310 CMR 15.301 need not be submitted to the Local Approving Authority. (rwind 04/15/97) 3 MINIMUM REQUIREMENTS FOR AN INSPECTION The following are the minimum requirements necessary to complete an inspection. Meeting these minimum criteria, however, should not be construed as completion of an acceptable inspection if, through reasonable effort, a complete inspection of all components of the system is feasible. Furthermore, if a complete inspection cannot be performed, the inspector must provide adequate documentation of the specific conditions which prevented a complete inspection and should indicate on the inspection form what was done to try to locate components, determine high groundwater, etc. I. The inspector must note the general conditions of the property to identify any obvious signs of failure. These would include but not be limited to backup of sewage to the facility, effluent ponding, breakout to the surface of the ground or to surface waters, and other occurrences -which professional judgement would deem indications of failure. All components prior to the leaching facility must be located and inspected. In a conventional component system, this would generally require inspection of the septic tank and distribution box. If a cesspool system, all cesspools in the system must be exposed for inspection. Determine high groundwater elevation at the site. PRELIMINARY ACTIVITIES Information on system pumping must be requested of the owner, occupant, Board of Health•or•septage receiving facility. Inspections of on-site systems should.,begin-with a records -search at the -local board•of-health or oche•appropriate sources --to obtain -design plans and as-builtdrawings, if available.' -This information will .. facilitate locating the system components in the field..::If these -records are.not available, then the components -will have to be located by other means. Non-invasive techniques for locating system components such as the use of metal detectors or estimating length and direction of pipes are preferred options. However, as a last resort, it may be necessary to expose piping at intervals in order to trace out the layout of the system. (zwiwd 04/25/97) 4 i' INSPECTION PROCEDURE GENERAL: Walk around the entire site to note general conditions and check for obvious signs of failure such as surface breakout or ponding. Look for signs of sewage, stains on the ground or saturated, spongy soils. The presence of sewage odors must be determined when first arriving at the site. Check pumping records for frequency of system-pumptng and verify -that the system has not been pumped within two weeks prior to inspection. Interview occupants concerning back-up or break-out or high groundwater. Sewage backup into the house can be caused by_ 1. clogged pipes 2. surcharged septic tank 3. failed leaching area It is extremely important that the inspector determine the cause of the backup or breakout. For example, if the problem is due solely to broken or - obstructed pipes, this would be considered a Conditional Pass situation. However, if the cause of the backup or breakout can be attributed -to a general clogging of the leaching system by solids, then this could be grounds for failing the system. Locate and inspect pipes exiting the building. SEPTIC TANK: Expose and remove manhole covers. ?If septic covers are more than a -foot deep, recommend that extensions be..provided .Lo,within six _(6)_. inches. of finished grade. Determine material of construction. If the tank -is a metal tank this is grounds for a conditiioaal pass -providing that no other conditions exist which would trictaer a system failure.:. � le 'the owner oro:ooerat* a. Check inlet and outlet tees or baf.fles..for damage. Recommend.repair if necessary based on the requirements of•31O CMR 15.227. Check liquid levels for evidence of leakage. If tank is discharging when there is no flow from facility there may be infiltration to the tank which would indicate that the tank may be in high groundwater and is not watertight. If the liquid level is below the outlet invert then the tank is probably leaking to surrounding soils. Leaking -tanks must be pumped to be inspected further. If further inspection shows that the tank is cracked, structurally unsound, is leaking or.if groundwater is infiltrating the system through a crack.or seam, this condition should warrant a conditional pass which would require replacement or sealing of the tank if no other failure criteria are triggered. If the liquid level is above the outlet and there is no outflow, then the outlet pipe may be clogged, or broken or the distribution box may be surcharged. The inspector should try (revised 04/25/97) 5 to determine the cause. If a surcharge in the tank is due to a broken or clogged pipe or other easily correctable circumstance, the system should receive a conditional pass if no other failure criteria are triggered. Measure sludge depth and thickness and record on the inspection form. Recommend pumping in accordance with the regulations if the sludge layer is within twelve inches of the outlet tee or baffle. Measure scum depth and thickness accordance with the regulations two inches of the bottom of the is within two inches of the top and report. Recommend pumping in if the-botthe scum layer is within outlet tee or if the top of the scum layer of the outlet tee. Check for evidence of backup (i.e., liquid than the invert of the outlet pipe). The examined as it enters the distribution bo backup. If the backup is due to a broken failure criteria are triggered, the system inspection. DISTRIBUTION BOX: Expose and remove cover. level is significantly higher outlet pipe will need to be x to -,,,determine the cause of the or obstructed pipe and no other may conditionally pass Determine if d -box is level and if flow is -equal. Check if there is evidence of solids carryover. Check if static water level is at or higher than invert -of outlet pipe. If the liquid level is above the outlet and there is no outflow, either the outlet pipes are clogged or the leaching area is surcharged and in.failure. The inspector must determine the cause. The -system may qualify for a conditional pass if the high liquid level is due -to.broken or obstructed pipes, broken distribution box or if the.distributi'on box -is uneven or settled. It should be noted that, if the hydraulic backup is due to a soil) absorption system which is clogged, the system CAN NOT be made to pass by application to the soil absorption system of physical, chemical or ...'~biological agents ozz--treatments. zSuch..failures-can, generally, only be corrected by upgrading or replacing the system. The Local Approving Authority should be consulted before any effort is made to repair or upgrade a failed soil absorption system. Check the pump function if there is a dosing chamber instead of a distribution box. Similarly, if the system includes a siphon, its condition and functionality should be determinedF._If the pump.is.not functioning properly, the system may receive•a conditional pass provided that the pump is repaired or replaced. If the siphon is not functioning and cleaning the siphon cannot correct the problem, the siphon should be. replaced with a pump system (unless it is part of a recirculating sand filter system or other approved alternative technology). In either case, the entire system does NOT need to be upgraded unless other conditions exist which would warrant a complete upgrade. (revised 0{/15/97) it SOIL ABSORPTION SYSTEM: s It is extremely important that the inspector locate the leaching system, however, excavation of the soil absorption system, once it is located, is typically NOT required. It may be appropriate to expose a portion of the soil absorption system (especially if the leaching system is a pit) to determine its condition if other indications of failure, such as evidence .of. breakout, ponding, sewage backup, condition _,of.the distribution box, etc., suggest that a failure of the -soil -absorption ---system may have occurred. If the system is a leaching pit, it will generally make sense to open the pit and pump the liquid out,of.the-pit to determine if. -groundwater infiltrates back into the pit. Approximate layout should be determined by examining topography and noting drain arrangement from access at distribution -box. Location of the leaching system can often be done by running a snake down the line(s) coming from the distribution box. Determine condition of soil (e.g. clogged, hydrogen sulfide crust, etc.) Determine level of ponding within disposal area (visual inspection) 'Determine if leaching -system is below -the high groundwater elevation. It should be noted that a soil absorption system, which fails because it is clogged, CAN NOT be made to pass by application to the soil absorption system of physical, chemical or biological agents or treatments. Such failures can, generally, only be -corrected by upgrading or replacing the system. The Local Approving Authority should be consulted before any effort is made to repair or upgrade a failed soil absorption system. HIGH GROUNDWATER DETERMINATION Location of the bott-om of the leaching iacil-ity'compared to the HIGH groundwater elevation is the most common reason for.the failure ---of .systems inspected. It is also the most --important reason that sewage is not . adequately treated..befi>re iPnters-thygroundwater table. For: -these reasons it is most important that the. HIGH groundwater elevation be properly determined. The phrase HIGH groundwater elevation is used throughout this advice because the groundwater elevation can vary significantly throughout the year, from year to year, and in different types of soils. HIGH groundwater elevation is defined in Title ---5 (310�CMR• 15:00) in- the definition section (15.002) as follows: (a) INLAND The elevation above which in eight out of ten consecutive years the groundwater table does not rise. This elevation is commonly, but not invariably, reached -during the months of December through -April. (b) COASTAL For groundwaters influenced by tidal action, the average of the monthly spring high tide groundwater level as recorded over the most recent consecutive 19 -year period. At the present time the most reliable groundwater elevation is to excavate by a certified soil evaluator. This method of determining the HIGH a deep test hole and have it evaluated method is probably beyond the scope of (zevised 09/25/97) 7 r . MOST system inspections,.and should be used only in rare cases where there is disagreement among the inspector, the homeowner and the board of health, and then only after consultation with the homeowner and the board of health. Acceptable methods of estimating HIGH groundwater.elevation are-as.follows: a. READ IT FROM THE PLANS 'If plans of the.disposal-system are available they should show the ground water elevation on which the plan was based. Unfortunately many older systems have no plans available; some that°do have plans merely record the groundwater elevation at the time of testing, which may or may not be the HIGH groundwater elevation. Be aware of the date these tests were performed, and how that fits into the water year. b. OBSERVATIONS ON SITE Look for infiltration into septic tank, distribution box, cesspool . even leaching pits, galleys, chambers if appropriate. Investigate the use of hand augers to examine small sections of underlying soil. C. DETERMINE IT FROM LOCAL CONDITIONS Observe the elevation of nearby wetlands; check -for groundwater elevations on plans for systems located nearby; see if there is a sump pump in the building whose system you are inspecting; look for watermarks on cellar walls. "NEARBY" is of course a subjective word. Be prepared to justify this use. d.,, CHECK WITH LOCAL BOARD OF HEALTH Many towns maintain ---a network of groundwater monitoring wells which show relative groundwater elevations. e. CHECK WITH .USDA The United --States Department of Agriculture, Natural Resources Conservation Service, often has maps, -records -and soil surveys, and a very knowledgeable staff, -which are helpful -in determining -HIGH groundwater elevation. -f . -Check FEMA -,maps. These -flood plain -maps, from the Federal Emergency management Agency, -can be useful. They are often -available from the local Conservation Commission. g. CHECK PUMPING RECORDS If the system you are inspecting is pumped each spring it is possible this is needed due to high water. h. CHECK .LOCAL -DIGGERS :::.Talk with the local water -department and sewer department -to --earn =f they, •have-any­fimt-hand --knowledge-of-water depths. Do the same with local excavators and installers; check with the gas, telephone and electric companies. i. "SUBSCRIBE TO USGS. Subscribe to the USGS Groundwater record mentioned below. Read it each month to be aware of the groundwater trend in your area. (revised 04/25/97) - 8 j. KNOW THE CURRENT STATE OF GROUNDWATER Groundwater elevations are recorded monthly by the U.S. GEOLOGICAL SURVEY throughout New England, including over 100 wells in Massachusetts. Examination of the records from these wells shows water elevation changes varying from less than a few feet to more than seventeen feet in a given well. These records are available from: U.S.GEOLOGICAL SURVEY --:- 28 LORD ROAD SUITE 280 MARLBOROUGH, MA 01752 Methods k. through n. below constitute more invasive means of determining high groundwater elevation. This guidance does not suggest that these methods are required in all cases; however, in instances where methods a. through h. above have failed to provide adequate information for determining high groundwater elevation, it may be necessary to employ these methods as described below. k. small diameter wellpoints can be driven to monitor groundwater elevation. Use --appropriate adjustments to determine high groundwater elevation. This method may not be suitable for all soil conditions. l.. after observing effluent water levels, pump the leaching facility and monitor to see if groundwater rises to the bottom (may be more applicable to pits, chambers and galleries than trenches and fields). This approach should be taken with caution. If done during the dry ^^ season, the results do not guarantee that subsequent groundwater level rise will not inundate -the leaching system.- Best -professional judgement must be used dn-•arderrto determine at what -point --backflow into thelsystem is due to groundwater infiltration or other -factors. Also, in some soils, groundwater.may take some time .to stabilized. In these instances proper precautions must -be taken to insure -that the open area around.the leaching facility is properly secured to prevent injury. The system owner may -choose to have the high groundwater elevation determined by the methods described in k. and 1. below to confirm or disprove the results.obtained by other methods, or in place of the minimum requirements. M. drive an observation well with a.powered auger, observe the groundwater elevation and make appropriate adjustments to determine high groundwater elevation -Themmaximum depth of -the -well -should be twelve feet below grade at the -lowest natural elevationontine-site or six feet below the bottom of the leaching facility. n: dig a deep observation hole (generally the last resort) and use appropriate adjustments to determine maximum high groundwater elevation. The maximum depth of the hole should be twelve feet below grade at the lowest natural elevation on the site or six feet below the bottom of the leaching facility. (r"ised 04/35/97) 9 SINGLE"CESSPOOLS Inspection of a single cesspool must determine if any of the failure criteria requirements are: a provide sufficient information to are triggered. Minimum Determine dimensions and materials of construction. Measure liquid level distance to invert and evaluate compared to -failure criteria. Determine the distance'below the bottom of..the.cesspool to -high groundwater. Note depth of sludge_, and scum., Require pumping upon .completion of initial inspection. Observe infiltration of -groundwater, if any. OVERFLOW CESSPOOL SYSTEMS Overflow cesspool systems consist of an initial cesspool which -overflows to some type of leaching facility, either pits, fields or ...'trenches. Generally, -these systems are found in older facilities and have been installed bit by.bit over the years, usually to "repair" failed cesspools. These are hybrid systems and do not fall under the definition of +cesspoolllas found.in Title 5, nor are they conforming Title 5 systems When inspecting an overflow cesspoo3 system; the inspector should ...recognize...that the first cesspool is nominal]�y functioning as a -septic tank. This means that this unit is likely to be fitted with -inlet and z. outlet pipes rand will not 'have the requisite -free apace of six inches or half a day's storage volume that is required for a -single cesspool. Accordingly, in order to assess -its suitability -to function as aseptic tank, the first cesspool should be evaluated based .on septic tank criteria, except for watertightness. -Thus the inspector must check for sludge and .,..scam=Ievelsaand..riep condition*of inlet and outlet tees, and other septic tank criteria. The -leaching system(s) or additional cesspool should then be evaluated based on criteria for soil absorption systems. Because the first cesspool is not watertight, it will leach some effluent and therefore must'also be evaluated for setback distances for cesspools as defined in the failure criteria and held to these setbacks for determining.failure. In addition,.it must also. -be gumped,.after-the evaluation of its function, in order to determine -if -the bottom of tthe tank is above or below the maximum groundwater elevation, as is required for single cesspool systems. In some instances, there may be more than two cesspools in series. Each cesspool that has an inlet and outlet pipe and overflows to another , type of soil absorption system is to -be evaluated as a septic -tank as outlined above. Furthermore, they must be evaluated for cesspool.setback criteria and pumped to determine if -they are below the maximum -groundwater elevation. The terminal leaching facility, whether a pit, trench field or additional cesspool (i.e. no outlet and/or connection to any other leaching facility or cesspool) would be subject to the soil absorption system criteria only. (rwiud 04/25/97) 10 SETBACKS Measure setbacks from drinking water supplies (soil absorption systems, cesspools and privies), surface waters (cesspools and privies only) and bordering vegetated wetlands or salt marshes (cesspools and privies only). As previously indicated, encroachment --un these setbacks may trigger failure or require further evaluation of the system by the Local Approving.. Authority. The -System Inspector's -job is only to gather information. It is the responsibility of the Local Approving Authority to determine an appropriate course -of action in regard to upgrade. -requirements. IT IS NOT THE SYSTEM INSPECTOR'S RESPONSIBILITY TO ENFORCE UPGRADE REQUIREMENTS OR TO MAKE ANY RECOMMENDATION OR DETERMINATION OF UPGRADE REQUIREMENTS. DIFFICULTY IN LOCATING COMPONENTS If the inspector is unable to locate components of the disposal system, the following steps should be followed: _ Pursuant to 310 CMR 15.3A2 all components prior -to the leaching facility must be located. 2. If the system does not have a distribution box, then it is important to try and locate the leaching facility and inspect it directly in order to determine its condition. 3. If the high groundwater elevation is 12 feet or more below than the lowest surface elevation on the lot, and there is no evidence of backup in -the system, -the leaching facility-most=likely is not below the high groundwater elevation. This condition„ however, should not relieve the inspector from exercising due diligence in locating the leaching -facility land inspecting its condition. The Local- Approving Authority should evaluate all "Not Determined" entries on the inspection form and has the final decision as to whether further investigation is required -to adequately evaluate the system. (revived 04/25/97) 11 If 4. WILLIAM F. WELD Govemo: ARGEO PAUL CELLUCCI Lt. Governor COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION ONE WINTER STREET. BOSTON. AIA 02108 611-292-�j00 SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PART A CERTIFICATION .Property Address: Date of Inspection: Name of Inspector: I am a DEP approved system inspector pursuant to Section Company Name: Mailing Address: Telephone Number: Address of Owner: (If different) 15.340 of Title 5 (310 CMR 15.000) TRUDY COKE Secretary DAVID B. STRUHS Commissioner CERTIFICATION STATEMENT I certify that I have personally inspected the sewage disposal system at this address and that the information reported below is true, accurate and completeasof the time of inspection. The inspection was performed based on my training and experience in the proper function and maintenance of on-site sewage disposal systems. The system: Passes Conditionally Passes _ Needs Further Evaluation By the Local Approving Authority Fails Inspector's Signature: Date: The System Inspector shall submit a copy of this inspection report to the Approving Authority within thirty (30) days of completing this inspection. If the system is a shared system or has a design flow of 10,000 god or greater, the inspector and the system owner shall submit the report to the appropriate regional office of the Department of Environmental Protection. The original should be sent to the system owner and copies sent to the buyer, if applicable, and the approving authority. INSPECTION SUMMARY: Aj SYSTEM PASSES: Check A, 8, C, or D: I have not found any information which indicates that the system violates any of the failure criteria as defined in 310 CMR 15.303. Any failure criteria not evaluated are indicated below. COMMENTS: BI SYSTEM CONDITIONALLY PASSES: One or more system components as described in the "Conditional Pass" section need to be replaced or repaired. The system, upon completion of the replacement or repair, as approved by the Board of Health, will pass. Indicate yes, no, or not determined (Y, N, or ND). Describe basis of determination in all instances. If "not determined", explain why not. _ The septic tank. is metal, unless the owner or operator has provided the system inspector with a copy of a Certificate of Compliance (attached) indicating that the tank was installed within twenty (20) years prior to the date of the inspection; or the septic tank, whether or not metal, is cracked, structurally unsound, shows substantial infiltration or exfiltration, or tank failure is imminent. The system will pass inspection if the existing septic tank is replaced with a conforming septic tank as approved by the Board of Health. (raviaad 04/25/97) Page 1 of 10 DEP on the World Wide Web: hitp:/Av .magnetstate.ma.us/dep 0 Printed on Recycled Paper SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM i PART A CERTIFICATION (continued) Property Address: Owner: Date of Inspection: B) SYSTEM)CONDITIONALLY PASSES (continued) Sewage backup or breakout or high static water level observed in the distribution box is due to broken or obstructed pipe(s) or due to a broken, settled or uneven distribution box.. The system will pass inspection if (with approval of the Board of Health). Describe observations: - _ broken pipe(s) are replaced _ obstruction is removed - distribution box is levelled or replaced The system required pumping more than four times a year due to broken or obstructed pipe(s). The system will pass inspection if (with approval of the Board of Health): broken pipets) are replaced _ obstruction is removed C) FURTHER EVALUATION IS REQUIRED BY THE BOARD OF HEALTH: _ Conditions exist which require further evaluation by the. Board of Health in order to determine if the system is failing to protectthe public health, safety and the environment. 1) SYSTEM WILL PASS UNLESS BOARD OF HEALTH DETERMINES THAT THE SYSTEM IS NOT FUNCTIONING IN A MANNER •, WHICH WILL PROTECT THE PUBLIC HEALTH AND SAFETY AND THE ENVIRONMENT: Cesspool or privy is within 50 feet of a surface water Cesspool orprivy is within 50 feet of a bordering vegetated wetland or a salt marsh. 2) SYSTEM WILL FAIL UNLESS THE BOARD OF HEALTH (AND PUBLIC WATER SUPPLIER, IF APPROPRIATE) DETERMINES THAT THE SYSTEM IS FUNCTIONING IN A MANNER THAT PROTECTS THE PUBLIC HEALTH AND SAFETY AND THE ENVIRONMENT: The system has a septic tank and soil absorption system (SAS) and the SAS is within 100 feet to a surface water supply or tributary to a surface water supply. The system has a septic tank and soil absorption system and the SAS is within a Zone I of a public water supply well. The system has a septic tank and soil absorption system and the SAS is within 50 feet of a private water supply well. _ The system has a septic tank and soil absorption system and the SAS is less than 100 feet but 50 feet or more from a private water supply well, unless a well water analysis for coliform bacteria and volatile organic compounds indicates that the well is free from pollution from that facility and the presence of ammonia nitrogen and nitrate nitrogen is equal to or less than 5 ppm. Method used to determine distance (approximation. not valid). 3) OTHER (revised 01/25/97) Page 2 of 10 .I 0 Property Address: Owner: Date of Inspection: SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PART A CERTIFICATION (continued) Dj SYSTEM FAILS: You must indicate either "Yes" or "No" as to each of the following: I have determined that the system violates one or more of the following failure criteria as defined in 310 CMR 15.303. The basis for this determination is identified below. The BoardofHealth should be contacted to determine what will be necessary to correct the failure. Yes No Backup of sewage into facility or system component due to an overloaded or clogged SAS or cesspool. Discharge or ponding of effluent to the surface of the ground or surface waters due to an overloaded or clogged SAS or - cesspool-. Static liquid level in the distribution box above outlet invert due to an overloaded or clogged SAS or cesspool. Liquid depth in cesspool is less than 6" below invert or available volume is less than 1/2 day flow. Required pumping more than 4 times in the last year NOT due to clogged or obstructed pipe(s). Number of times pumped _. Any portion of the Soil Absorption System, cesspool or privy is below the high groundwater elevation. Any portion of a cesspool or privy is within 100 feet of a surface water supply or tributary to a surface water supply. _ r _ Any portion of a cesspool or privy is within a Zone I of a public well. Any portion of a cesspool or privy is within 50 feet of a private water supply well. Any portion of a cesspool or privy is less than 100 feet but greater than 50 feet from a private water supply well with no acceptable water quality analysis. If the well has been analyzed to be acceptable, attach copy of well water analysis for coliform bacteria, volatile organic compounds, ammonia nitrogen and nitrate nitrogen.. El LARGE SYSTEM FAILS: You must indicate either "Yes" or "No" as to each of the following: The following criteria apply to large systems in addition to the criteria above: The system serves a facility with a design flow of 10,000 gpd or greater (Large System) and the system is a significant threat to public health and safety and the environment because one or more of the following conditions exist: Yes No the system is within 400 feet of a surface drinking water supply the system is within 200 feet of a tributary to a surface drinking water supply the system is located in a nitrogen sensitive area (Interim Wellhead Protection Area - IWPA) or a mapped Zone 11 of a public water supply well) The owner or operator of any such system shall bring the system and facility into full compliance with the groundwater treatment program requirements of 314 CMR 5.00 and 6.00. Please consult the local regional office of the Department for further information. (raviaed 01/25/97) Page 3 of 10 \\ SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PART B CHECKLIST Property Address: Owner: Date of Inspection: Check if the following have been done: You must indicate either "Yes" or "No" as to each of the following: Yes No Pumping information was provided by the owner, occupant, or Board of Health. None of the system components have been pumped, for at least two weeks and the system has been receiving normal flow rates during that period; Large volumes of water have not been introduced into the system recently. or as part of this inspection. As built plans have been obtained and examined. Note if they are not available with N/A. The facility or dwelling was inspected for signs of sewage back-up. The system does not receive -non -sanitary or industrial waste flow. The site was inspected for signs of breakout. All system components, excluding the Soil Absorption System, have been located on the site. The septic tank manholes were uncovered, opened, and the interior of the septic tank was inspected for condition of baffles or tees, material of construction, dimensions,depth of liquid, depth of sludge, depth of scum. The size and location of the Soil Absorption System on the site has been determined based on: _ The facility owner (and occupants, if different from owner) were provided with information on the proper maintenance of Sub -Surface Disposal System. Existing information, Ex. Plan at B.O.H. Determined in the field (if any of the failure criteria related to Part C is at issue, approximation of distance is unacceptable) [15.302(3)(b)] (rovised 04/25/97) Pelle -4 of 10 SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PART C SYSTEM INFORMATION Property Address: Owner: Date of Inspection: FLOW CONDITIONS RESIDENTIAL: Design flow: e.p.d./bedroom for S.A.S. Number of bedrooms:_ Number of current residents:_ Garbage grader (yes or no):_ Laundry connected to system (yes or no):_ Seasonal use ryes or nok_ Water meter readings, if available (last two (2) year usage (gpd): Sump Pump (yes or no):_ Last date of occupancy: COMMERCI.AUI ND USTRIAL• Type of establishment: Design flow. ¢allons/day Grease trap present: (yes or no)_ Industrial Waste Holding Tank present: lyes or no)_ Non -sanitary waste discharged to the Title i system: (yes or no)_ Water meter readings, if available: Last date of orcupancy:_ OTHER: (Describe) Last date of occupancy: GENERAL INFORMATION PUMPING RECORDS and source of information. System pumped as part of inspection: (yes or no)_ If yes, volume pumped: ¢allons Reason for pumping: TYPE OF SYSTEM Septic tank/distribution box/soil absorption system Single cesspool Overflow cesspool Privy Shared system (yes or no) (if yes, attach previous inspection records, if any) I/A Technology etc. Copy of up to date contract? Other APPROXIMATE AGE of all components, date installed (if known) and source of information: Sewage odors detected when arriving at the site: (yes or no) _ (revised 04/25/97) Page 5 0£ 20 A SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PART C SYSTEM INFORMATION (continued) Property Address: Owner: Date of Inspection: BUILDING SEWER: (Locate on site plan) Depth below grade:_ Material of construction: _ cast iron 40 PVC _ other (explain) Distance from private water supply well or suction hr:e Diameter Comments: (condition of joints, venting, evidence of leakage, etc.) SEPTIC TANK:_ (locate on site plan) Depth below grade:_ Material of construction: _concrete _metal _Fiberglass _Polyethylene —other(explain) If tank is metal, list age _ Is age confirmed by Certificate of Compliance _ (Yes/No) Dimensions:. Sludge depth: Distance from top of sludge to bottom of outlet tee or baffle:_ Scum thickness: Distance from top of scum to top of outlet tee or baffle: Distance from bottom of scum to bottom of outlet tee or baffle: How dimensions were determined: Comments: (recommendation for pumping, condition of inlet and outlet tees or baffles, depth of liquid level in relation to outlet invert, structural integrity, evidence of leakage, etc.) GREASE TRAP:_ (locate on site plan) Depth below grade:_ Material of construction: _concrete _metal _fiberglass _Polyethylene —other(explain) Dimensions: Scum thickness: Distance from top of scum to top of outlet tee or baffle: Distance from bottom of scum to bottom of outlet tee or baffle:_ Date of last pumping: Comments: (recommendation for pumping, condition of inlet and outlet tees or baffles, depth of liquid level in relation to outlet invert, structural integrity, evidence of leakage, etc.) (reiead 04/25/97) Page 6 of 10 i SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PART C SYSTEM INFORMATION (continued) Property Address: Owner: Date of Inspection: TIGHT OR HOLDING TANK:_ (Tank must be pumped prior to, or at time, of inspection) (locate on site plan) Depth below grade:_ Material of construction: _concrete _metal _Fiberglass _Polyethylene —other(explain) Dimensions Capacity: gallons Design flow: gallons/day Alarm level: Alarm in working order _ Yes; _ No Date of previous pumping: Comments: (condition of inlet tee, condition of alarm and float switches, etc.) DISTRIBUTION BOX:_ (locate on site plan) Depth of liquid level above outlet invert: Comments: (note if leveland distribution is equal, evidence of solids carryover, evidence of leakage into or out of box, PUMP CHAMBER:_ (locate on site plan) Pumps in working order: (Yes or No)_ Alarms in working order (Yes or No)_ Comments: (note condition of pump chamber, condition of pumps and appurtenances, etc.) (revised 04/25/97) Page 7 of 10 t, SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION. FORM PART C SYSTEM INFORMATION (continued) Property Address: Owner: Date of Inspection: SOIL ABSORPTION SYSTEM (SAS):_ - (locate on site plan, .if possible; excavation not required, but may be approximated by non -intrusive methods) If not determined to be present, explain: Type: leaching pits, number:_ - leaching chambers, number:__ leaching galleries, number: leaching trenches, number,length: leaching fields, number, dimensions: - overflow cesspool, number:_ - Alternative system: Name of Technology: Comments: (note condition of soil, signs of hydraulic failure, level of ponding, condition of vegetation, etc.) CESSPOOLS: _ (locate on site plan) Number and configuration: Depth -top of liquid to inlet invert: - Depth of solids layer: Depth of scum layer: Dimensions of cesspool: - Materials of construction: Indication of groundwater: inflow (cesspool must be pumped as part of inspection) Comments: (note condition of soil, signs of hydraulic failure, level of ponding, condition of vegetation, etc.) PRIVY: _ (locate on site plan) Materials of construction:. - - Dimensions: Depth of solids: Comments: (note condition of soil, signs of hydraulic failure, level of ponding, condition of vegetation, etc.) (ravisad 04/35/97) Page a of 10 SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PART C SYSTEM INFORMATION (continued) Property Address: Owner: Date of Inspection: SKETCH OF SEWAGE DISPOSAL SYSTEM: include ties to at least two permanent references landmarks or benchmarks locate all wells within 100' (Locate where public water supply comes into house) (revised 04/15/97) Page 9 of 10 I SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM / I PART C F SYSTEM INFORMATION (continued) Property Address: Owner: Date of Inspection: Depth to Groundwater Feet Please indicate all the methods used to determine High Groundwater Elevation: Obtained from Design Plans on record Observation of Site (Abutting property, observation hole, basement sump etc.) Determine it from local conditions Check with local Board of health Check FEMA Maps Check pumping records Check local excavators, installers Use USGS Data s. Describe in your own words how you established the High Groundwater Elevation. Must be completed) (resited 04/25/97) Page 10 of 10 WILLIAM F. WELD Govemor ARGEO PAUL CELLUCCI Lt. Governor Boards of Health System Inspectors Soil Evaluators Subject: COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION ONE WINTER STREET, BOSTON, MA 02108 617-292-5500Dj-} MAY ? 1 1997 TRUDY CORE Secretary Subsurface Sewage Disposal System Inspection Form and Guidance May 7, 1997 0"Y O'_nAEDAVID B. STRUHS f -3:=A T`,D ,1i' Commissioner Enclosed is a copy of the most recent edition of the System Inspection Form and Guidance that reflects revisions to the metal septic tank inspection requirements as contained under Section 15.303(1)(a)6 of Title 5, and additions to the section of the Inspection Form that addresses depth to groundwater. Also, a number of minor revisions have been made throughout the content of the form and the guidance. Please take a few minutes to familiarize yourself with the updated forms. Should you have questions, or need additional information regarding the forms, please contact John Viveiros at (617) 292-5837. Sincerely, to�hnJ. Higgins, Deputy Director Municipal Facilities formguid. cvr GUIDANCE FOR THE INSPECTION OF SUBSURFACE SEWAGE DISPOSAL SYSTEMS INTRODUCTION On-site sewage disposal systems are governed by Title 5 of the State Environmental Code (310 CMR 15.000). Experience has shown that when properly designed and sited, these systems provide an acceptable level of wastewater treatment and are a legitimate treatment and disposal option in areas where centralized sewers are not available. However, given the traditional view that these systems are temporary solutions until sewers are provided, they are often neglected and this can result in harm to the environment and threats to the public health. In order to address this problem and correct the prevailing attitude toward on-site systems, Title 5 requires that systems be inspected under certain circumstances. In this manner, system owners can be educated about the importance of properly maintaining their systems, and those systems which are an environmental or public health threat can be identified and upgraded. This document is intended to provide guidance to both the system owner and the system inspector for evaluating the adequacy of existing subsurface sewage disposal systems. Approved System Inspectors are charged with the responsibility of inspecting systems in accordance with 310 CMR 15.302, 15.303, and this guidance and reporting their findings to the approving authority. The goal of the 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 conditions exist which show the system is failing to protect public health or the environment, the system must be repaired, replaced, or upgraded. The only grounds for failing a system or conditionally passing a system are if any of the criteria listed on the inspection form and specified in 310 CMR 15.303 are met. The inspection must avoid disruption of the functioning of the system and should be conducted to minimize disruption of the site in general. However, at a minimum, all manholes, covers, and cleanouts must be exposed in order to achieve the goal of this.inspection. Pumping of system components, when required, shall be done after an initial inspection of the entire disposal system to observe normal operating conditions. Each component requiring pumping can then be reinspected after pumping has been completed. The Department has developed an approved System Inspection Form (attached to this guidance) which is to be completed by the Inspector when doing an evaluation. The Form consists of: ` Part A- Certification Part B- Checklist Part C- System Information (revised 09/25/97) 1 r GUIDANCE ON COMPLETING INSPECTION FORM PART A - CERTIFICATION ; The Certification Section has two principle functions. First it provides identification information on the property being inspected and the inspector. Second, it presents the results of the inspection relative to the failure criteria outlined in 310 CMR 15.303. In the certification statement, the inspector is certifying that the conditions existing at the time of inspection are accurately presented in the inspection report. The inspector is not certifying that the system is adequate for the current use of the system nor for the future use of the system. In the Inspection Summary portion of Part A, the inspector indicates whether the system passed inspection, conditionally passed inspection, failed inspection, or needs further evaluation by the Local Approving Authority. Usually the local Board of Health is the Local Approving Authority. For systems with a design flow of 10,000 gallons per day or greater or for state owned and federal facilities, the Department is the Local Approving Authority. SYSTEM PASSES None of the failure criteria listed in 310 CMR 15.303 are violated. SYSTEM CONDITIONALLY PASSES The system violates one of the failure criteria in 310 CMR 15.303 but the nature of the violation is such that it can be easily corrected by making a simple repair or replacement to the broken component. In many cases this can be done without needing to get a.Disposal System Construction Permit from the Board of Health Th card of A aith or. FURTHER EVALUATION IS REQUIRED BY THE BOARD OF HEALTH There are a number of situations where the inspector will not be able to determine if the system passes or fails. These are listed on the form under the section, "Further Evaluation is required by the Board of Health". The first two situations involve cesspools or privies located within 50 feet of a surface water body (not a drinking water supply or its tributaries) or a bordering vegetated wetland or salt marsh. These systems will pass inspection unless the Board of Health determines that a cesspool or privy are functioning in a manner which does not protect the public health and safety and the environment. This determination must be made by the Board of Health. System inspectors can NOT make this evaluation. The system inspector should merely identify that the cesspool or privy is located within the setback. Boards of Health will use other information collected by the inspector, such as depth to ground water, system design and flow characteristics, along with specific guidance prepared by the Department to help with that determination. (revised 09/25/97) 2 5 A second set of situations involve septic tank and soil absorption systems, where the soil absorption system (SAS) is too close to drinking water supplies, drinking water supply tributaries, public and private water supply wells. In these situations, the systems are deemed to be failed unless the Board of Health (in conjunction with the public water supplier in the case of public surface water supplies and their tributaries) determines that the systems are functioning in a manner that protects the public health and safety and the environment. Again, the system inspector can NOT make this evaluation. The information collected during the inspection and the guidance provided by the Department will be used by the Board of Health to make the determination. The system inspector can assist the Board of Health in the case of soil absorption systems located less than 100 feet from a private drinking water well by arranging to have the well tested for coliform bacteria, volatile organic compounds and ammonia and nitrate nitrogen. SYSTEM FAILS The system fails if any of the criteria listed in 310 CMR 15.303 (1)(a) through (c) are violated. If the system fails, the owner or operator of the system should contact the Board of Health before any attempt is made to upgrade or repair the system or otherwise attempt to bring the system into compliance. In virtually every situation, a permit will be needed from the Board of Health. It only makes sense, therefore, to contact the Board of Health to determine what the Board will require before arranging to have plans drawn, etc. . LARGE SYSTEMS In addition to the criteria that apply to all Title 5 regulated systems, there are several criteria that apply to systems which serve facilities with a design flow of 10,000 gallons per day or greater. If the large system is located within 400 feet of a surface drinking water supply, 200 feet of a tributary to a surface drinking water supply or within a nitrogen sensitive area (Interim Wellhead Protection Area (IWPA) or a mapped Zone II of a public water supply well), the system is failing to protect the public health and safety and the environment. In this instance, the owner/operator of the system will be required to obtain a ground water discharge permit from the Department. The owner/operator should contact the local regional office of the Department to determine what must be done— The one— The completed System Inspection Form must be submitted to the approving authority within 30 days by the approved System Inspector. The regulations (310 CMR 15.301(10) provide the owner of a system the ability to have their system assessed without having a complete inspection. Such an assessment need not be done by an approved System Inspector. It can NOT be used to satisfy the requirements to have a system inspected as required in 310 CMR 15.301. Finally, the results of a voluntary assessment not performed to comply with the requirements of section 310 CMR 15.301 need not be submitted to the Local Approving Authority. (revised 04/25/97) 3 MINIMUM REQUIREMENTS FOR AN INSPECTION The following are the minimum requirements necessary to complete aft inspection. Meeting these minimum criteria, however, should not be construed as completion of an acceptable inspection if, through reasonable effort, a complete inspection of all components of the system is feasible. Furthermore, if a complete inspection cannot be performed, the inspector must provide adequate documentation of the specific conditions which prevented a complete inspection and should indicate on the inspection form what was done to try to locate components, determine high groundwater, etc. 1. The inspector must note the general conditions of the property to identify any obvious signs of failure. These would include but not be limited to backup of sewage to the facility, effluent ponding, breakout to the surface of the ground or to surface waters, and other occurrences which professional judgement would deem indications of failure. 2. All components prior to the leaching facility must be located and inspected. In a conventional component system, this would generally require inspection of the septic tank and distribution box. If a cesspool system, all cesspools in the system must be exposed for inspection. 3. Determine high groundwater elevation at the site. PRELIMINARY ACTIVITIES Information on system pumping must be requested of the owner, occupant, Board of Health or septage receiving facility. Inspections of.on-site systems should begin with a records search at the local board of health or other appropriate sources to obtain design plans and as -built drawings, if available. This information will facilitate locating the system components in the field. If these records are not available, then the components will have to be located by other means. Non-invasive techniques for locating system components such as the use of metal detectors or estimating length and direction of pipes are preferred options. However, as a last resort, it may be necessary to expose piping at intervals in order to trace out the layout of the system. (revised 04/25/97) 4. r INSPECTION PROCEDURE GENERAL: Walk around the entire site to note general conditions and check for obvious signs of failure such as surface breakout or ponding. Look for signs of sewage, stains on the ground or saturated,.spongy soils. The presence of sewage odors must be determined when first arriving at the site. Check pumping records for frequency of system pumping and verify that the system has not been pumped within two weeks prior to inspection. Interview occupants concerning back-up or break-out or high groundwater. Sewage backup into the house can be caused by: 1. clogged pipes 2. surcharged septic tank 3. failed leaching area It is extremely important that the inspector determine the cause of the backup or breakout. For example, if the problem is due solely to broken or obstructed pipes, this would be considered a Conditional Pass situation. However, if the cause of the backup or breakout can be attributed to a general clogging of the leaching system by solids, then this could be grounds for failing the system. Locate and inspect pipes exiting the building. SEPTIC TANK: Expose and remove manhole covers. If septic covers are more than a foot deep, recommend that extensions be provided to within six (6) inches of finished grade. Determine material of construction. If grounds for a conditional pass providin which would triaaer a system failure the tank is a metal tank this is that no other conditions exist Check inlet and outlet tees or baffles for damage. Recommend repair if necessary based on the requirements of 310 CMR 15.227. Check liquid levels for evidence of leakage. If tank is discharging when there is no flow from facility there may be infiltration to the tank which would indicate that the tank may be in high groundwater and is not watertight. If the liquid level is below the outlet invert then the tank is probably leaking to surrounding soils. Leaking tanks must be pumped to be inspected further. If further inspection shows that the tank is cracked, structurally unsound, is leaking or if groundwater is infiltrating the system through a crack or seam, this condition should warrant a conditional pass which would require replacement or sealing of the tank if no other failure criteria are triggered. If the liquid level is above the outlet and there is no outflow, then the outlet pipe may be clogged, or broken or the distribution box may be surcharged. The inspector should try (revised 04/25/97) 5 to determine the cause. If a surcharge in the tank is due to a broken or clogged pipe or other easily correctable circumstance, the system should receive a conditional pass if no other failure criteria are triggered. Measure sludge depth and thickness and record on the inspection form. Recommend pumping in accordance with the regulations if the sludge layer is within twelve inches of the outlet tee or baffle. Measure scum depth and thickness and report. Recommend pumping in accordance with the regulations if the bottom of the scum layer is within two inches of the bottom of the outlet tee or if the top of the scum layer is within two inches of the top of the outlet tee. Check for evidence of backup (i.e., liquid level is significantly higher than the invert of the outlet pipe). The outlet pipe will need to be examined as it enters the distribution box to determine the cause of the backup. If the backup is due to a broken or obstructed pipe and no other failure criteria are triggered, the system may conditionally pass inspection. DISTRIBUTION BOX: Expose and remove cover. Determine if d -box is level and if flow is equal. Check if there is evidence of solids carryover. Check if static water level is at or higher than invert of outlet pipe.. If the liquid level is above the outlet and there is no outflow, either the outlet pipes are clogged or the leaching area is surcharged and in failure. The inspector must determine the cause. The system may qualify for a conditional pass if the high liquid level is due to broken or obstructed pipes, broken distribution box or if the distribution box is uneven or settled. It should be noted that, if the hydraulic backup is due to a soil absorption system which is clogged, the system CAN NOT be made to pass by application to the soil absorption system of physical, chemical or biological agents or treatments. .Such.failures can, generally, only be corrected by upgrading or replacing the system. The Local Approving Authority should be consulted before any effort is made to repair or upgrade a failed soil absorption system. Check the pump function if there is a dosing chamber instead of a distribution box. Similarly, if the system includes a siphon, its condition and functionality should be determined. If the pump is not functioning properly, the system may receive a conditional pass provided that the pump is repaired or replaced. If the siphon is not functioning and cleaning the siphon cannot correct the problem, the siphon should be replaced with a pump system (unless it is part of a recirculating sand filter system or other approved alternative technology). In either case, the entire system does NOT need to be upgraded unless other conditions exist which would warrant a complete upgrade. (revised 04/15/97) 6 .r SOIL ABSORPTION SYSTEM: It is extremely important that the inspector locate the leaching system, however, excavation of the soil absorption system, once it is located, is typically NOT required. It may be appropriate to expose a portion of the soil absorption system (especially if the leaching system is a pit) to determine its condition if other indications of failure, such as evidence of breakout, ponding, sewage backup, condition of the distribution box, etc., suggest that a failure of the soil absorption system may have occurred. If the system is a leaching pit, it will generally make sense to open the pit and pump the liquid out of the pit to determine if groundwater infiltrates back into the pit. Approximate layout should be determined by examining topography and noting drain arrangement from access at distribution box. Location of the leaching system can often be done by running a snake down the line(s) coming from the distribution box. Determine condition of soil (e.g. clogged, hydrogen sulfide crust, etc.) Determine level of ponding within disposal area (visual inspection) Determine if leaching system is below the high groundwater elevation. It should be noted that a soil absorption system, which fails because it is clogged, CAN NOT be made to pass by application to the soil absorption system of physical, chemical or biological agents or treatments. Such failures can, generally, only be corrected by upgrading or replacing the system. The Local Approving Authority should be consulted before any effort is made to repair or upgrade a failed soil absorption system. HIGH GROUNDWATER DETERMINATION Location of the bottom of the leaching facility compared to the HIGH groundwater elevation is the most common reason for the failure of systems inspected. It is also the most important reason that sewage. is not adequately treated before it enters the groundwater table. For these reasons it is most important that the HIGH groundwater elevation be properly determined. The phrase HIGH groundwater elevation is used throughout this advice because the groundwater elevation can vary significantly throughout the year, from year to year, and in different types of soils. HIGH groundwater elevation is defined in Title 5 (310 CMR 15.00) in the definition section (15.002) as follows: (a) INLAND The elevation above which in eight out of ten consecutive years the groundwater table does not rise. This elevation iscommonly, but not invariably, reached during the months of December through April. (b) COASTAL For groundwaters influenced by tidal action, the average of the monthly spring high tide groundwater level as recorded over the most recent consecutive 19 -year period. At the present time the most reliable method of determining the HIGH groundwater elevation is to 'excavate a deep test hole and have it evaluated by a certified soil evaluator. This method is probably beyond the scope of (revised 04/35/97) 7 MOST system inspections, and should be used only in rare cases where there is disagreement among the inspector, the homeowner and the board of health, and then only after consultation with the homeowner and the board of 9 health. Acceptable methods of estimating HIGH groundwater elevation are as follows: a. READ IT FROM THE PLANS If plans of the disposal system are available they should show the ground water elevation on which the plan was based. Unfortunately many older systems have no plans available; some that do have plans merely record the groundwater elevation at the time of testing, which may or may not be the HIGH groundwater elevation. Be aware of the date these tests were performed, and how that fits into the water year. b. OBSERVATIONS ON SITE Look,for infiltration into septic tank, distribution box, cesspool ... even leaching pits, galleys, chambers if appropriate. Investigate the use of hand augers to examine small sections of underlying soil. C. DETERMINE IT FROM LOCAL CONDITIONS Observe the elevation of nearby wetlands; check for groundwater elevations on plans for systems located nearby; see if there is a sump pump in the building whose system you are inspecting; look for watermarks on cellar walls.' "NEARBY" is of course 'a subjective word. Be prepared to justify this use. d.. CHECK WITH LOCAL BOARD OF HEALTH Many towns maintain a network of groundwater monitoring wells which show relative groundwater elevations. e. CHECK WITH USDA The United States Department of Agriculture, Natural Resources Conservation Service, often has maps, records and soil surveys, and a very knowledgeable staff, which are helpful in determining HIGH groundwater elevation. f. Check FEMA maps. These flood plain maps, from the Federal Emergency management Agency, can be useful. They are often available from the local Conservation Commission. g. CHECK PUMPING RECORDS If the system you are inspecting is pumped each spring it is possible this is needed due to high water. h. CHECK LOCAL DIGGERS Talk with the local water department and sewer department to learn if they have any first-hand knowledge of water depths. Do the same with local excavators and installers; check with the gas, telephone and electric companies. i. SUBSCRIBE TO USGS. Subscribe below. Read it each month to your area. to the USGS Groundwater record mentioned be aware of the groundwater trend in (revised 04/25/97) - 8 ;r j. KNOW THE CURRENT STATE OF GROUNDWATER Groundwater elevations are recorded monthly by -the U.S. GEOLOGICAL SURVEY throughout New England, including over 100 wells in Massachusetts. Examination of the records from these wells shows water elevation changes varying from less than a few feet to more than seventeen feet in a given well. These records are available from: U.S.GEOLOGICAL SURVEY 28 LORD ROAD SUITE 280 MARLBOROUGH, MA 01752 Methods k. through n. below constitute more invasive means of determining high groundwater elevation. This guidance does not suggest that these methods are required in all cases; however, in instances where methods a. through h. above have failed to provide adequate information for determining high groundwater elevation, it may be necessary to employ these methods as described below. k. small diameter wellpoints can be driven to monitor groundwater elevation. Use appropriate adjustments to determine high groundwater elevation. This method may not be suitable for all soil conditions. 1. after observing effluent water levels, pump the leaching facility and monitor to see if groundwater rises to the bottom (may be more applicable to pits, chambers and galleries than trenches and fields). This approach should be taken with caution. If done during the dry season, the results do not guarantee that subsequent groundwater level rise will not inundate the leaching system. Best professional judgement must be used in order to determine at what point backflow into the system is due to groundwater infiltration or other factors. Also, in some soils, groundwater may take some time to stabilized. In these instances proper precautions must be taken to insure that the open area around the leaching facility is properly secured to prevent injury. The system owner may choose to have the high groundwater elevation determined by the methods described in k. and 1. below to confirm or disprove the results obtained by other methods, or in place of the minimum requirements. M., drive an observation well with a powered auger, observe the groundwater elevation and make appropriate adjustments to determine high groundwater elevation. The maximum depth of the well should be twelve feet below grade at the lowest natural elevation on the site or six feet below the bottom of the leaching facility. n. dig a deep observation hole (generally the last resort) and use appropriate adjustments to determine maximum high groundwater elevation. The maximum depth of the hole should be twelve feet below grade at the lowest natural elevation on the site or six feet below the bottom of the leaching facility. (revised 04/45/97) 9 SINGLE CESSPOOLS Inspection of a single cesspool must determine if any of the failure criteria requirements are: provide sufficient information t© are triggered. Minimum Determine dimensions and materials of construction. Measure liquid level distance to invert and evaluate compared to failure criteria. Determine the distance below the bottom of the cesspool to high groundwater. Note depth of sludge, and scum. Require pumping upon completion of initial inspection. Observe infiltration of groundwater, if any. OVERFLOW CESSPOOL SYSTEMS Overflow cesspool systems consist of an initial cesspool which overflows to some type of leaching facility, either pits, fields or trenches. Generally, these systems are found in older facilities and have been installed bit by bit over the years, usually to "repair" failed cesspools. These are hybrid systems and do not fall under the definition of "cesspool" as found in Title 5, nor are they conforming Title 5 systems. When inspecting an overflow cesspool system, the inspector should recognize that the first cesspool is nominally functioning as a septic tank. This means that this unit is likely to be fitted with inlet and outlet pipes and will not have the requisite free space of six inches or half a day's storage volume that is required for a single cesspool. Accordingly, in order to assess its suitability to function as a septic tank, the first cesspool should be evaluated based on septic tank criteria, except for watertightness. Thus the inspector must check for sludge and scum levels and depths condition of inlet and outlet tees, and other septic tank criteria. The leaching system(s) or additional cesspool should then be evaluated based on criteria for soil absorption systems. Because the first cesspool is not watertight, it will leach some effluent and therefore must also be evaluated for setback distances for cesspools as defined in the failure criteria and held to these setbacks for determining failure. In addition, it must also be pumped, after the evaluation of its function, in order to determine if the bottom of the tank is above or below the maximum groundwater elevation, as is required for single cesspool systems. In some instances, there may be more than two cesspools in series. Each cesspool that has an inlet and outlet pipe and overflows to another type of soil absorption system is to be evaluated as a septic tank as outlined above. Furthermore, they must be evaluated for cesspool setback criteria and pumped to determine if they are below the maximum groundwater elevation. The terminal leaching facility, whether a pit, trench field or additional cesspool (i.e. no outlet and/or connection to any other leaching facility or cesspool) would be subject to the soil absorption system criteria only. (revised 09/35/97) 10 - rid SETBACKS Measure setbacks from drinking water supplies (soil absorption systems, cesspools and privies), surface waters (cesspools and privies only) and bordering vegetated wetlands or salt marshes (cesspools and privies only). As previously indicated, encroachment on these setbacks may trigger failure or require further evaluation of the system by the Local Approving Authority. The System Inspector's job is only to gather information. It is the responsibility of the Local Approving Authority to determine an appropriate course of action in regard to upgrade requirements. IT IS NOT THE SYSTEM INSPECTOR'S RESPONSIBILITY TO ENFORCE UPGRADE REQUIREMENTS OR TO MAKE ANY RECOMMENDATION OR DETERMINATION OF UPGRADE REQUIREMENTS. DIFFICULTY IN LOCATING COMPONENTS If the inspector is unable to locate components of the disposal system, the following steps should be followed: Pursuant to 310 CMR 15.302 all components prior to the leaching facility must be located. 2. If the .system does not have a distribution box, then it is important to try and locate the leaching facility and inspect it directly in order to determine its condition. 3. If the high groundwater elevation is 12 feet or more below than the lowest surface elevation on the lot, and there is no evidence of backup in the system, the leaching facility most likely is not below the high groundwater elevation. This condition, however, should not relieve the inspector from exercising due diligence in locating the leaching facility and inspecting its condition. The Local Approving Authority should evaluate all "Not Determined" entries on the inspection form and has the final decision as to whether further investigation is required to adequately evaluate the system. (revised 04/35/97) 11 WILLIAM F. WELD Governor ARGEO PAUL CELLUCCI Lt. Governor COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION ONE WINTER STREET. BOSTON, MA 02108 617-292-5500 SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PART A CERTIFICATION Property Address: Date of Inspection: Name of Inspector: I am a DEP approved system Company Name: Mailing Address: Telephone Number: Address of Owner: (if different) inspector pursuant to Section 15.340 of Title 5 (310 CMR 15.000) TRUDY COXE Secretaq DAVID B. STRUHS Commissioner CERTIFICATION STATEMENT I certify that I have personally inspected the sewage disposal system at this address and that the information reported below is true, accurate and complete as of the time of inspection. The inspection was performed basedonmy training and experience in the proper function and maintenance of on-site sewage disposal systems. The system: _ Passes _ Conditionally Passes _ Needs Further Evaluation By the Local Approving Authority Fails Inspector's Signature: Date: The System Inspector shall submit a copy of this inspection report to the Approving Authority within thirty (30) days of completing this inspection. If the system is a shared system or has a design flow of 10,000 gpd or greater, the inspector and the system owner shall submit the report to the appropriate regional office of the Department of Environmental Protection. The original should be sent to the system owner and copies sent to the buyer, if applicable, and the approving authority. INSPECTION SUMMARY: Check A, B, C, Of D: A] SYSTEM PASSES: I have not found any information which indicates that the system violates any of the failure criteria as defined in 319 CMR 15.303. Any failure criteria not evaluated are indicated below. COMMENTS: B] SYSTEM CONDITIONALLY PASSES: One or more system components as described in the "Conditional Pass" section need to be replaced or repaired. The system, upon completion of the replacement or repair, as approved by the Board of Health, will pass. Indicate yes, no, or not determined (Y, N, or ND). Describe basis of determination in all instances. If "not determined", explain why not. The septic tank is metal, unless the owner or operator has provided the system inspector with a copy of a Certificate of Compliance (attached) indicating that the tank was installed within twenty (20) years prior to the date of the inspection; or the septic tank, whether or not metal, is cracked, structurally unsound, shows substantial infiltration or exfiltration, or tank failure is imminent. The system will pass inspection if the existing septic tank is replaced with a conforming septic tank as approved by the Board of Health. (revised 04/25/97) Page 1 of 10 DEP on the Word Wile Web: http://w .magnet.state.ma.usidep £'j Printed on Recycled Paper SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PART A CERTIFICATION (continued) Property Address: Owner: Date of Inspection: BI SYSTEM CONDITIONALLY PASSES (continued) Sewage backup or breakout or high static water level observed in the distribution box is due to broken or obstructed pipe(s) or due to a broken, settled or uneven distribution box. The system will pass inspection if (with approval of the Board of Health). Describe observations: broken pipe(s) are replaced _ obstruction is removed distribution box is levelled or replaced The system required pumping more than four times a year clue to broken or obstructed pipe(s). The system will pass inspection if (with approval of the Board of Health): broken pipe(s) are replaced obstruction is removed Cl FURTHER EVALUATION IS REQUIRED BY THE BOARD OF HEALTH: Conditions exist which require further evaluation by the Board of Health in order to determine if the system is failing to protect the public health, safety and the environment. 1) SYSTEM WILL PASS UNLESS BOARD OF HEALTH DETERMINES THAT THE SYSTEM IS NOT FUNCTIONING IN A MANNER WHICH WILL PROTECT THE PUBLIC HEALTH AND SAFETY AND THE ENVIRONMENT: Cesspool or privy is within So feet of a surface water _ Cesspool or privy is within 50 feet of a. bordering vegetated wetland or a salt marsh. 2) SYSTEM WILL FAIL UNLESS THE BOARD OF HEALTH (AND PUBLIC WATER SUPPLIER, IF APPROPRIATE) DETERMINES THAT THE SYSTEM IS FUNCTIONING IN A MANNER THAT PROTECTS THE PUBLIC HEALTH AND SAFETY AND THE . ENVIRONMENT: The system has a septic tank and soil absorption system (SAS) and the SAS is within 100 feet to a surface water supply or tributary to a surface water supply. The system has a septic tank and soil absorption system and the SAS is within a Zone I of a_ public water supply well. The system has a septic tank and soil absorption system and the SAS is within 50 feet of a private water supply well. The system has a septic tank and soil absorption system and the SAS is less than 100 feet but 50 feet or more from a private water supply well, unless a well water analysis for coliform bacteria and volatile organic compounds indicates that the well is free from pollution from that facility and the presence of ammonia nitrogen and nitrate nitrogen is equal to or less than 5 ppm. Method used to determine distance (approximation not valid). 3) OTHER (revised 04/25/97) Page 2 of 10 SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PART A CERTIFICATION (continued) Property Address: Owner: Date of Inspection: DI SYSTEM FAILS: You must indicate either "Yes" or "No" as to each of the following: - I have determined that the system violates one or more of the following failure criteria as defined in 310 CMR 15.303. The basis for this determination is identified below. The Board of Health should be contacted to determine what will be necessary to correct the failure. Yes No Backup of sewage into facility or system component due to an overloaded or clogged SAS or cesspool. Discharge or ponding of effluent to the surface of the ground or surface waters due to an overloaded or clogged SAS or cesspool. Static liquid level in the distribution box above outlet invert due to an overloaded or clogged SAS or cesspool. Liquid depth in cesspool is less than 6" below invert or available volume is less than 1/2 day flow. - Required pumping more than 4 times in the last year NOT due to clogged or obstructed pipe(s). Number of times pumped _. Any portion of the Soil Absorption System, cesspool or privy is below the high groundwater elevation. Any portion of a cesspool or privy is within 100 feet of a surface water supply or tributary to a surface water supply. Any portion of a cesspool or privy is within a Zone I of a public well. Any portion of a cesspool or privy is within 50 feet of a private water supply well. Any portion of a cesspool or privy is less than 100 feetbutgreater than 50 feet from a private water supply well with no acceptable water quality analysis. If the well has been analyzed to be acceptable, attach copy of well water analysis for coliform bacteria, volatile organic compounds, ammonia nitrogen and nitrate nitrogen. E] LARGE SYSTEM FAILS: You must indicate either "Yes" or "No" as to each of the following: The following criteria apply to large systems in addition to the criteria above: _ The system serves a facility with a design flow of 10,000 gpd or greater (Large System). and the system is a significant threat to public health and safety and the environment because one or more of the following conditions exist: Yes No the system is within 400 feet of a surface drinking water supply the system is within 200 feet of a tributary to a surface drinking water supply o the system is located in a nitrogen sensitive area (Interim Wellhead Protection Area - IWPA) or a mapped Zone II of a public water supply well) The owner or operator of any such system shall bring the system and facility into full compliance with the groundwater treatment program requirements of 314 CMR 5.00 and 6.00. Please consult the local regional office of the Department for further information. (revised 04/25/97) Page 3 of 10 SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PART B CHECKLIST Property Address: Owner: Date of Inspection: Check if the following have been done: You must indicate either "Yes" or "No" as to each of the following: Yes No - Pumping information was provided by the owner, occupant, or Board of Health. None of the system components have been pumped for at least two weeks and the system has been receiving normal flow rates during that period. Large volumes of water have not been introduced into the system recently or as part of this inspection. As built plans have been obtained and examined. Note if they are not available with N/A The facility or dwelling was inspected for signs of sewage back-up. The system does not receive non -sanitary or industrial waste flow. The site was inspected for signs of breakout. All system components, excluding the Soil Absorption System, have been located on the site. _ The septic tank manholes were uncovered, opened, and the interior of the septic tank was inspected for condition of baffles or tees, material of construction, dimensions, depth of liquid, depth of sludge, depth of scum. The size and locationof the Soil Absorption System on the site has been determined based on: The facility owner (and occupants, if different from owner) were provided with information on the proper maintenance of Sub -Surface Disposal System. _ Existing information. Ex. Plan atB.O.H. Determined in the field (if any of the failure criteria related to Part C is at issue, approximation of distance is unacceptable) [15.302(3)(b)] (revised 04/25/97) Page 4 of 10 Property Address: Owner: Date of Inspection: SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PART C SYSTEM INFORMATION FLOW CONDITIONS RESIDENTIAL: Design flow: g.p.d./bedroom for S.A.S. Number of bedrooms:_ Number of current residents:_ Garbage grinder (yes or no):_ Laundry connected to system (yes or no):_ Seasonal use (yes or no):_ Water meter readings, if available (last two (2) year usage (gpd): Sump Pump (yes or no):_ Last date of occupancy: COMMERCIAUINDUSTRIAL• - Type of establishment: Design flow:_gallons/day Grease trap present: (yes or no)_ Industrial Waste Holding Tank present: (yes or no)_ Non -sanitary waste discharged to the Title 5 system: (yes or no)_ Water meter readings, if available: Last date of occupancy: OTHER: (Describe) _ Last date of occupancy: GENERAL INFORMATION PUMPING RECORDS and source of Information: System pumped as part of inspection: (yes or no)_ If yes, volume pumped: gallons Reason for pumping: TYPE OF SYSTEM Septic tank/distribution box/soil absorption system Single cesspool Overflow cesspool Privy Shared system (yes or no) (if yes, attach previous inspection I/A Technology etc. Copy of up to date contract? Other records, if any) APPROXIMATE AGE of all components,. date installed (if known) and source of information: Sewage odors detected when arriving at the site: (yes or no) _ (zeviaed 09/25/97) Page 5 of 10 SUBSURFACE SEWAGE DISPOSAL SYSTEMINSPECTIONFORM PART C SYSTEM INFORMATION (continued) Property Address: Owner: Date of Inspection: .BUILDING SEWER: (Locate on site plan) Depth below grade:_ Material of construction: _ cast iron _ 40 PVC _ other (explain) Distance from private water supply wellor suctionline Diameter Comments: (condition of joints, venting, evidence of leakage, etc-.) SEPTIC TANK:_ (locate on site plan) Depth below grade:_ Material of construction: _concrete _metal _Fiberglass _Polyethylene —other(explain) If tank is metal, list age _ Is age confirmed by Certificate of Compliance _ (Yes/No) Sludge depth: Distance from top of sludge to bottom of outlet tee or baffle:_ Scum thickness: Distance from top of scum to top of outlet tee or baffle:. Distance from bottom of scum to bottom of outlet tee or baffle: How dimensions were determined: Comments: - (recommendation for pumping, condition of inlet and outlet tees or baffles, depth of liquid level in relation to outlet invert, structural integrity, evidence of leakage, etc.) GREASE TRAP:_ (locate on site plan) Depth below grade:_ Material of construction: _concrete _metal _Fiberglass _Polyethylene —other(explain) Scum thickness: Distance from top of scum to top of outlet tee or baffle:_ Distance from bottom of scum to bottom of outlet tee or baffle:_ Date of last pumping: _ Comments: (recommendation for pumping, condition of inlet and outlet tees or baffles, depth of liquid level in relation to outlet invert, structural integrity, evidence of leakage, etc.) (revieed 09/25/97) Page 6 of 10 a 71 SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PART C SYSTEM INFORMATION (continued) Property Address: Owner: Date of Inspection: TIGHT OR HOLDING TANK:_ (Tank must be pumped prior to, or at time, of inspection) (locate on site plan) Depth below grade:_ Material of construction: _concrete _metal _Fiberglass _Polyethylene —other(explain) Dimensions Capacity: gallons Design flow: gallons/day Alarm level: Alarm in working order _ Yes; _ No Date of previous pumping: - Comments: (condition of inlet tee, condition of alarm and float switches, etc.) DISTRIBUTION BOX:_ (locate on site plan) Depth of liquid level above outlet invert: Comments: (note if level and distribution is equal, evidence of solids carryover, evidence of leakage into or out of box, PUMP CHAMBER:_ (locate on site plan) Pumps in working order: (Yes or No)_ Alarms in working order (Yes or No)_ Comments: (note condition of pump chamber, condition of pumps and appurtenances, etc.) (zevieed 04/25/97) Page 7 of 10 SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PART C SYSTEM INFORMATION (continued) Property Address: Owner: Date of Inspection: SOIL ABSORPTION SYSTEM (SAS):_ (locate on site plan, if possible; excavation not required, but may be approximated by non -intrusive methods) If not determined to be present, explain: Type: leaching pits, number:_ leaching chambers, number:_ leaching galleries, number:_ leaching trenches, number,length: leaching fields, number, dimensions: overflow cesspool, number:_ Alternative system: Name of Technology: Comments: (note condition of soil, signs of hydraulic failure, level of ponding, condition of vegetation, etc.) CESSPOOLS: _ (locate on site plan) Number and configuration: Depth -top of liquid to inlet invert: Depth of solids layer: Depth of scum layer: Dimensions of cesspool: Materials of construction: Indication of groundwater: inflow (cesspool must be pumped as part of inspe Comments: - (note condition of soil, signs of hydraulic failure, level of ponding, condition of vegetation, etc.) PRIVY: _ (locate on site plan) Materials of construction: _ Dimensions: Depth of solids: Comments: (note condition of soil, signs of hydraulic failure, level of ponding, condition of vegetation, etc.) (revised 09/25/97) Page a of 10 SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PART C SYSTEM INFORMATION (continued) Property Address: Owner: Date of Inspection: SKETCH OF SEWAGE DISPOSAL SYSTEM: include ties to at least two permanent references landmarks or benchmarks locate all wells within 100' (Locate where public water supply comes into house) (revised 04/25/97) Page 9 0£ 10 i SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PART C - f SYSTEM INFORMATION (continued) Property Address: Owner: Date of Inspection: Depth to Groundwater _ Feet Please indicate all the methods used to determine High Groundwater Elevation: _ Obtained from Design Plans on record Observation of Site (Abutting property, observation hole, basement sump etc.) Determine it from local conditions Check with local Board of health Check FEMA Maps Check pumping records Check local excavators, installers Use USGS Data Describe in your own words how you established the High Groundwater Elevation. Must be completed) (revised 06/25/97) Page 10 of 10 ARGEO PAUL CELLUCCI Governor JANE SWIFT Lieutenant Governor COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION ONE WINTER STREET, BOSTON, MA 02108 617-292-5500 ® CSAWD JAN 1 0 ?OnO CITYSALEM DEPT. January 7, 2000 Re: Variances from the Title 5 Percolation Testing Requirements under the Department's policy, Alternative To Percolation Testing Policy Dear Boards of Health: BOB DURAND Secretary LAUREN A. LISS Commissioner The enclosed document, Title 5 Alternative To Percolation Testing Policy, pertains to applications for variances from the Title 5 requirement to perform percolation testing for proposed Title 5 system upgrades. The policy provides methods for obtaining an "estimated" effluent loading rate for system upgrades when the groundwater is so high that it prohibits the conducting of percolation tests, as required by Title 5, 310 CMR 15.104 and 15.105, and the system owner wants to or must proceed with the upgrade, rather than wait until groundwater has receded. The policy applies to system upgrades only and does not apply to new construction or any proposed increase in design flow. This letter addresses implementation of the policy. The Department recognizes that certain system upgrade projects have been started that do not conform to this new policy; therefore, Boards of Health (and Department staff) should allow a reasonable time to begin implementation of this policy. Accordingly, any proposed upgrade for which percolation testing already has been attempted, in accordance with Title 5, within the 60 day period prior to the effective date of the policy, but has been deemed infeasible due to high groundwater, and for which a variance request from the Title 5 percolation testing requirements is filed by February 7, 2000, should not be subject to this policy. Any other proposed system upgrade that includes a request for a variance from the percolation testing requirements due to high groundwater will be subject to this policy. Under the policy, percolation testing first must be attempted in the presence of the Board of Health or its authorized representative. Where percolation tests cannot be performed due to high groundwater, then the Soil Evaluator, with the concurrence of the approving authority, must determine whether the naturally occurring parent material is uncompacted or compacted. The policy contains criteria for determining soil compaction, which must be followed. The methods to be used under the policy for determining the long term acceptance rate (LTAR) of the soils in which the soil absorption system will be located are based on whether the soils are uncompacted Class I or uncompacted Class II soils, or compacted soils or Class III or Class IV soils. This Information is avallable In alternate format by calling our ADA Coordinator at (617) 574-6872. DEPonthe Wodd Wide Web: http://w .magnet.state.ma.us/dep 0 Printed on Recycled Paper Uncompacted Class I and uncompacted Class II soils: Under the policy, the Soil Evaluator performing the soil evaluation must obtain a soil sample from the most restrictive layer underlying the proposed soil absorption system. The sample must be submitted to a soils laboratory for performance of a particle size analysis and, based on the results of that arialysis, the soil type and the soil class, the effluent loading rate is determined in accordance with the policy. Compacted soils and Class III and Class IV soils: A particle size analysis and a soil evaluation alone are not adequate for assessing compacted soils and Class III and Class IV soils because these evaluations do not address the natural permeability of such soils in place. Where soils are compacted or are Class III or Class IV soils, they have the potential for extremely low permeability, which would limit the soils' ability to adequately accept a subsurface discharge. Accordingly, the policv sets specific conservative design criteria for system upgrades in these soils. Except where the Board of Health or the Department has ordered a system upgrade by a specified date, or where an upgrade must proceed so that the upgrade timeframe in 310 CMR 15.305 will be met, a system owner generally has the option to wait until groundwater has receded, perform percolation testing in accordance with Title 5, and obviate the need for a percolation testing variance altogether. Where percolation tests cannot be performed due to high groundwater, however, and the applicant elects to or must proceed with a system upgrade, a variance must be obtained in ' accordance with the enclosed policy. As required by Title 5, 310 CMR 15.410, variances first must be granted by the Board of Health ,where the Board is the local approving authority, anc then approved by the Department. Should you have any questions regarding the policy or its implementation, please feel free to call your Regional DEP Title 5 staff. 4Si cerel , Arleen O'Donnell Assistant Commissioner Bureau of Resource Protection cc: DEP Basin Chiefs ARGEO PAUL CELLUCCI Governor JANE SWIFT Lieutenant Governor COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION ONE (Wi IINNTERj�STRE7�ETT,�B{O;STON, MA 02108 617-292-5500 ® IL9`�'_-�`�8191C BOB DURAND "wwAf Secretary JAN LAUREN A. LISS Commissioner LEM HITY EALOTH D Pity TITLE 5 ALTERNATIVE TO PERCOLATION TESTING POLICY Effective Date: January 7, 2000 Policy #: BRP/DWM/PeP-P00-1 Program Applicability: BRP/DWM/Watershed Permitting/Title 5 Program Supersedes Policy #: BRP/DWM/WPeP-P99-1 Regulation Reference: 310 CMR 15.104 Approved by [signed] Arleen O'Donnell, Assistant Commissioner, BRP Purpose:. ::,,,,This document contains the Title 5 Program's policy, for reviewing applications -for-variances from.thepercolation testing requirements of:Title..5 in connection,,. . with the upgrade of on-site subsurface sewage treatment and disposal systems. Applicability: This policy applies to applications for variances from the Title 5 requirements to conduct percolation testing for proposed system upgrades. The alternative to percolation testing set forth in this policy may be used, under s variance from Title, 5, when soils cannot be percolation tested due to high groundwater and the system owner seeks to proceed with a system upgrade, rather than wait for groundwater to recede and perform percolation tests. The alternative outlined in this policy may be used only for the repair or upgrade of an existing system when no increase in design flow is proposed. Under the Title 5 variance procedure (310 CMR 15.410), approval for a variance from the requirement for percolation tests must be obtained first from the Board of Health, when the Board of Health is the local approving authority, and then from the Department. Title 5, 310 CMR 15.104, requires percolation testing as part of the site evaluation for a new system or a system upgrade. Since an applicant for a new system or for an increase in design flow (i.e. "new construction".as defined in Title 5) generally has the ability to wait and schedule percolation testing luring periods of low groundwater, the alternative described in this policy does not apply in cases of new construction, including increases in design flow. This information is available in alternate format by calling our ADA Coordinator at (617) 5746872. DEP on the World Wide Web: http:/w .magnet.state.ma.usldep 0 Printed on Recycled Paper Title 5 requires percolation testing to be performed in the most restrictive soil layer of the naturally occurring pervious material beneath a proposed soil absorption system (SAS). The Department recognizes that at certain times, however, high groundwater conditions preclude performance of standard percolation tests. During such times, the applicant may choose to perform dewatered percolation testing. Provided that an immediate upgrade is not being required by the Board of Health or DEP, or the upgrade timelines. in 310 CMR 15.3051if applicable,' would not be violated, the system owner instead may wait until groundwater has receded and standard percolation testing can be performed. Alternatively, in accordance with this policy, the applicant may apply for a variance from the requirements for percolation testing. Dewatered percolation testing involves lowering the groundwater table to a point where percolation testing can be performed in accordance with Title 5. Since dewatered percolation testing frequently is difficult and, in many cases, infeasible, attempting dewatered percolation testing is not a prerequisite for obtaining a variance under this policy. Impervious & extremely low permeability soils In cases of impervious soils or soils with extremely low permeability, the alternatives set forth in this policy are not appropriate as such soils simply cannot support an on-site system. Where the Soil Evaluator, the local approving authority, or DEP determines that the soils are impervious or of extremely low permeability, for example, due to the presence of ledge, greater than 40% clay, or highly compacted till, and there is no feasible alternative (e.g. a shared system), then a tight tank to eliminate,a failed system, approved under.310 CMR.15.260, would be the only option. Requirements for obtaining q fining a variance from the percolation testing provisions When a system owner proposes to upgrade a system, percolation testing cannot be performed due to high groundwater, and the soils are not impervious or of extremely low permeability, the Department may approve a variance from the Title 5 percolation testing requirements provided that, in addition to complying with the other requirements of Title 5, the application to the Board of Health and the Department contains the following: 1. documentation of a demonstration that percolation tests cannot be performed; 2. the Soil Evaluator's determination of whether the soils are uncompacted or compacted; 3. results of performance of a Particle Size Analysis by a soils laboratory; 4. based on results of the Particle Size Analysis, the Soil Evaluator's determination of the soil type by using the USDA Soil Textural Triangle in Title 5; 5. based on the soil type, the Soil Evaluator's determination of the soil class under 310 CMR 15.243; and 6. a system upgrade designed in accordance with the criteria in this policy for the soil type, class and determination of soil compaction. 1) Demonstration that percolation testing cannot be performed The demonstration that percolation testing cannot be performed due to high groundwater must be conducted in the presence of the Board of Health or its authorized representative. PERC9.DOC 12/28/99 2) Determination of compacted vs. uncompacted soils Without the benefit of percolation testing, more reliance is placed on the determination of soil compaction. Since compacted soils can be extremely firm in place, but friable when removed for a sample, the Soil Evaluator must make an in-situ determination of the soil structure and consistence. The Soil Evaluator; with the concurrence of the local approving authority, must determine whether the soils in the area of the proposed SAS are compacted or uncompacted. To determine whether soils are compacted, at minimum, the Soil Evaluator must use the techniques described in Appendix 1. For uncompacted soils, results of a particle size analysis are sufficient for the Soil Evaluator to use to determine the soil type and class, and, subsequently, the effluent loading rate. In compacted soils, such as dense, compact till, the compacted nature of the material results in a significant decrease in the amount of pore space necessary for groundwater flow and particle size analysis results alone are inadequate for determining an effluent loading rate. 3) Particle Size Analysis The Soil Evaluator must determine the most restrictive layer and obtain a soil sample to be submitted for particle size analysis from that layer. Sampling of the most restrictive layer within the four feet of naturally occurring pervious material shall be conducted in the presence of the Board of Health or its authorized representative. Although for purposes of obtaining an effluent loading rate, the particle size analysis is considerably more useful in the case of uncompactedsoils, the analysis still is useful to characterize compacted soils, particularly where the soils have a high percentage of clay. A particle size analysis performed by a qualified soils laboratory is used to determine the percentages of sand, silt and clay in a soil sample and must be performed for both compacted and uncompacted soils. The particle size analysis must be performed in accordance with Appendix 2. 4) Determination of soil type Once the relative percentages of sand, silt and clay have been determined through particle size analysis, the Soil Evaluator must use the USDA Soil Textural Triangle in 310 CMR 15.243(2) to determine the soil type. 5) Determination of soil class Based on the soil type, the Soil Evaluator must classify the soil into one of the four soil textural classes described in 310 CMR 15.243 (1). 6) Design Criteria — uncompacted vs. compacted soils a) For uncompacted Class I and uncompacted Class II soils, the results of the particle size analysis, the soil type and the soil classification must be used to determine the effluent loading rate based on the effluent loading rate table, below. The system upgrade then must be designed according to that effluent loading rate and the requirements of Title 5. PERC9.DOC 12/28/99 b) For compacted soils and all Class III and all Class IV soils the prescribed design criteria, set forth below, must be used to design the system upgrade. Where the soils are - compacted or Class III or Class IV soils, their potentially extremely low permeability could limit the soils' ability to adequately accept a subsurface discharge. Therefore, a conservative system design, intended bot9io' allow an on-site discharge; and prevent breakout, is necessary. In addition to meeting Title 5 requirements, the prescribed design for a system upgrade in compacted soils and in Class III and Class IV soils is as follows: 1. in accordance with the effluent loading rate table, below, an effluent loading rate of 0.15 gallons per day (gpd) per square foot (sf); 2. a DEP approved Innovative/Alternative (I/A) treatment technology approved for Remedial Use; 3. a modified septic tank - the installation of a valve located in the septic tank discharge pipe so that in the event of breakout or other hydraulic failure, tight tank approval must be obtained, the discharge pipe valve shall be closed and sealed'and the discharge pipe beyond the valve shall be removed or severed, converting the septic tank to a tight tank. The modified septic tank (and variance application submitted under this policy for a system in compacted soils or Class III or Class IV soils) must meet the design requirements in 310 CMR 15.260(2)(a), (b), (c), (f), (g), 0) and (k) for tight tanks. The alarm system, which must be installed, however, need not be - operational until such time as the tank is converted to a tight tank; 4: pressure distribution; 5. no reduction in SAS size (as this directly relates to the effluent loading rate); 6. 4 foot vertical separation to high groundwater elevation, or 5 foot separation in soils greater than 85% sand, (where necessary, the local approving authority and DEP may approve a reduction down to a minimum of 2 foot separation to high groundwater elevation, or 3 foot separation in soils greater than 85% sand ); 7. 4 feet of naturally occurring pervious material (where necessary, the local approving authority and DEP may approve a reduction down to a minimum of 2 feet, of naturally occurring pervious material ); and 8. a variance condition that prohibits any increase in design flow and requires a notice, recorded with the deed, that both prohibits any increase in design flour and references DEP's approval letter of the variance. Where necessary, i.e. where there are not 4 feet of naturally occurring pervious material, or where the site does not meet the vertical groundwater separation requirement and site conditions and economic feasibility warrant a reduction in the separation, the local approving authority and the Department may approve, to the extent necessary, one reduction criterion (#6 or 0), but not both. No additional variance would be required for the reduction. The restriction of no reduction in the SAS size is more restrictive than DEP's Approvals for Remedial Use. This restriction applies to system upgrades designed under this policy for installation in compacted soils and in Class III and Class IV soils. The system design for compacted soils and for Class IIT and Class IV soils is a high risk option; it does not guarantee that breakout or sewage backup will not occur. Accordingly, any variance approval issued under this policy for such a system must provide that should the system PERC9.DOC 12/28/99 fail, the owner shall : a) immediately notify the Board of Health and the Department, in writing; b) by 45 days of the failure, submit to the Department a complete application, including the Board of Health approval, for tight tank approval; c) by 14 days of issuance of the Department's tight tank approval, apply for a Disposal..System Construction Permit from,the Board of Health; and d) by 14 days of issuance of the permit, have, a system installer close and seal. the septic tank discharge pipe valve, sever or remove the discharge pipe beyond the valve, and put into operation the alarm system to convert the tank to a tight tank. Following system failure and uritil.the system is coriverted to a tight tank, the Department or the Board of Health may require such interim measures as they deem appropriate. Effluent loading rates for systems designed with a variance approved under this policy: Soil Type Uncompacted ' Compacted Soils and Class I and Class.11 Soils ( all Class III and all Class IV Soils` Class I > 85% sand 0.74 gpd/sf Prescribed Design 70 — 85% sand 0.66 gpd/sf I with 0.15 gpd/sf Class H 0.33 gpd/sf ' The system must be designed based on the applicable effluent loading rate in this table and the requirements -of Title -5. The system must be designed based on a 0.15 gpd/sf loadingrate, the other prescribed design criteria (on page 4 of this policy), and the requirements of Title 5. Variance application process Where the Board of Health is the local approving authority for the system upgrade, and a variance from the percolation testing requirements of the Code is sought, the variance first must be granted by the Board of Health and then approved by the Department. The variance applicant must satisfy the variance criteria in 310 CMR 15.410(1). DEP's approval of such variances will be predicated on the applicant following the requirements of this policy. The DEP variance application package, BRPWP 59b, is available at the Department's Regional Offices, Boston service center, and the DEP web page, www.state.ma.us/dep. The Department's Regional Offices and the Title 5 program in Boston may grant approval for a variance from the percolation testing requirements of Title 5 due to high groundwater, for a ,system upgrade, only in accordance with this policy. PERC9.DOC 12/28/99 APPENDIX 1 On-site investigation techniques to determine if soils are compacted (compact till): • Note the ease or difficulty of excavation by the backhoe (does the excavator experience difficulty digging, does the bucket chatter across the surface of the material making shallow cuts with each pass — these soils may be compacted). • Pick at the side of a test hole with a knife or hand tool to feel for the ease or difficulty of penetration (difficulty would suggest compacted material). • Note the presence of angular shaped rock fragments (suggests compacted till). • Note the speed at which groundwater weeps into the pit ( groundwater weeping slowly into the pit would suggest dense; compacted material). • Note the consistency of undisturbed soil clod (squeeze the clod of soil between r your thumb and index finger; initially compact till will resist crushing and then with increased pressure will rupture suddenly). The consistency of soil in compacted material will be firm, whereas in uncompacted material, the consistency will be loose or friable. • Note the soil saturation (compacted soils will appear moist, not saturated, due to the lack of pore space). Adapted from the DEP approved Title 5 Soil Evaluator Course Materials 1:��9tl�lU/:fG The standard method for Particle Size Analysis is the method of Gee and Bauder (1986) in Methods of Soil Analysis, Part 1. Physical and Mineralogical Methods, 2nd Edition , published by the American Society of Agronomy -Soil Science Society of America. This method, or another method acceptable to the Department, must be used by the soils laboratory. The soils laboratory must: determine the relative percentages of sand, silt and clay from the soil sample that passes through a #10 sieve, (which removes aggregate from *the sample), use a 4270 sieve to separate the sand fraction from the remaining combined silt and clay fraction, establish the relative percentages of silt and clay in the sample by either pipet or hydrometer method. PERC9.DOC 12/28/99