944 MAss DEP Soil Absorption Report 2019 Commonwealth of Massachusetts
Executive Office of Energy &Environmental Affairs
Depen ment onvironmentaProtection
One Winter S:-,re, et Boston, MA 012108 617-292-5500
' T tl
Charles D.Baker Matthew A.Beaton
Governor Secretary
Karyn E Polito Martin Suuberg
Lieutenant Governor Commissioner
Standard Conditions for Alternative Soil Absorption Systems
with General Use Certification and/or Approved for Remedial Use
Revised: March 20,2015
These Standard Conditions apply to Alternative Soil Absorption System(Alt. SAS)
technologies for disposal-only as well as for technologies providing both treatment and disposal.
Currently these approved alternative technologies include the following,
Alt. SAS Disposal-Only,
• Contactor,Field Drain Contactor, and Recharger Chambers,by Cultec, Inc.
• Biodiffuser &APC Chambers,by Infiltrator Systems, Inc.
• Infiltrator Chambers,by Infiltrator Systems, Inc.
• E1jen Mantis M5,by E1jen Corp.
Alt. SAS Treatment with Disposal -Patented Sand Filters,
• E1jen GSF Geotext.le Sand Filter System,by E1jen Corp.
• GEO-flow Pipe Le.iChing System,by ADS,Inc.
• Enviro-Septic Was:ewater Treatment System,by Presby Environmental, Inc.
• Advanced Enviro- eptic System,by Presby Environmental, Inc.
• Simple-Septic Wastewater Treatment System,by Presby Environmental, Inc.
An alternative SAS may be appropriate for new construction,increases in flow, or for the upgrade of
an existing failing, failed.,or nonconforming system where reducing the disturbance of the site is
desired.
Alternative Disposal-Only technologies approved by the Department may be substituted for
conventional SAS's allowed under Title 5. The alternative Chamber technologies,when compared
to conventional Title 5 chambers,provide options from some of the Title 5 requirements such as
offering plastic instead of concrete chambers and eliminating the need for stone aggregate around
the chamber while allowing higher loading rates and reduced effective leaching area. Other options
include Chambers installed with aggregate meeting the requirements of Title 5,however Alternative
Chambers used with aggregate are not allowed higher loading rates which must remain the same as
required by Title 5 for c riventional chambers with aggregate. In addition to alternative Chambers,
disposal-only approved lt. SAS technologies also include the Mantis M5 pipe and sand System
design.
This information is available in alternate format.Call Michelle Waters-Ekanem,Diversity Director,at 617-292-5751,TTY#MassRelay Service 1-800-439-2370
MassDEP Website:mvw,[n@ss.gov/dep
Printed on Recycled Paper
Standard Conditions for Alternative Soil Absorption Systems Page 2 of 15
General Use and Remedial I se Approvals
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Alternative Treatment with Disposal technologies approved by the Department refer to alternative
leaching systems that ha e demonstrated higher removal of organics and suspended matter prior to
the percolation of wastewater into underlying unsaturated pervious soils when compared to
conventional leachings stems.Higher loading rates are allowed than would be permissible with a
conventional design and additional relief from other design standards is permissible for upgrades.
A System approved under these Standard Conditions consists of a septic tank conforming to the
requirements of Title 5, either conventional or I/A approved, followed by the Alt. SAS which
may provide for a reduced effective leaching area.
The use of an approved Alt. SAS, subject to these Standard Conditions,requires among other
things:
• A Disclosure Notice in the Deed to the property for installed Systems according to the
following:
• when install ng an Alt. SAS Disposal-Only System(chambers or Eljen Mantis M5) a
Disclosure otice in the Deed to the property is not required;
• when install ng an Alt. SAS Treatment with Disposal-Patented Sand Filters System
under the General Use Certificate a Disclosure Notice in the Deed to the property is
not required
• when installing an Alt. SAS Treatment with Disposal-Patented Sand Filters System
under the A proval for Remedial Use a Disclosure Notice in the Deed to the property
is required i accordance with 310 CMR 287(10);
• Certifications by the Designer and the Installer(3 10 CMR 15.021(3));
• Notification wit iin 24 hours by the System Owner to the Local Approving Authority
(LAA) of any S stem failure;
• When System requires pumping prior to the SAS, 24-hour emergency wastewater storage
capacity above t e elevation of the high level alarm;
• System Owner Acknowledgement of Responsibilities, in accordance with these standard
conditions and t e Technology Approval's Special Conditions.
This Approval does not address the use of the following alternative SAS's,which are covered under
separate Title 5 I/A Pro am Approvals:
a) Drip Dispersal Systems
b) Bottomless Sand Filters
Definitions and References
The term"Sys t "refers to the approved technology in combination with the other
components of an on-sil,e treatment and disposal system that may be required to serve a facility
in accordance with 310 CMR 15.000.
The term"Approval" or"Certification"refers to these Standard Conditions; the Special
Conditions contained ir the Technology Approval,the General Conditions of 310 CMR 15.287,
and any Attachments.
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The phrase "new construction"always refers to construction of a new facility or any
increase in actual or design flow to any existing system above the approved capacity.
The phrase "upgrade of a system" or the term"upgrade" or the term"remedial site"
refers to any repair, modification, or replacement of a whole system or a component of an
existing failing, failed ononconforming system where there is no increase in the actual or
design flow to the syste L.
The Conditions contained herein MUST be read in conjunction with any Special
Conditions that are technology-specific.
I. Purpose
1. These Stand rd Conditions shall apply to all Alt. SAS technologies identified in a
General Use Certification or a Remedial Use Approval as either a Disposal-Only
technology or a Treatment with Disposal technology as listed above. In addition to
the Special Conditions contained in the technology-specific Approvals,the System
shall comply with all these "Standard Conditions for Alternative Soil Absorption
Systems", except where stated otherwise in the Special Conditions.
2. The sale, design, installation, and use of the System shall be subject to these
requirements for all systems that submit a complete Disposal System Construction
Permit(DS P) application after the effective date of these Standard Conditions.
Existing systems and systems for which a complete DSCP application was submitted
prior to the effective date of these requirements shall not be subject to the design and
installation r quirements,however,the System Owner, the Service Contractor, and
the Compan shall be subject to all other requirements contained herein.
3. With the oth r applicable permits or approvals that may be required by Title 5, the
Approval au horizes the installation and use of the System in Massachusetts. All the
provisions o Title 5, including the General Conditions for Alternative Systems (3 10
CMR 15.28 7), apply to the sale, design, installation, and use of the System, except
those provisions that specifically have been varied by this Approval.
4. Provided th the Local Approving Authority(LAA) approves the System in
conformance with the Department's Approval for the System, Department review and
approval of the site-specific System design and installation is not required unless the
Department determines on a case-by-case basis,pursuant to its authority at 310 CMR
15.003(2)(e) that the proposed System requires Department review and approval.
II. Design and Ins allation Requirements
1. Where any contradiction may exist in design standards between the Company
guidance and the requirements of Title 5 or this Approval,the design shall meet the
standards of Title 5 and this Approval unless the Company guidance is more
stringent.
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General Use and Remedial I se Approvals
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2. In accordance with 310 CMR 15.240(6), absorption trenches should be used
whenever possible. Accordingly, approved Disposal-Only and Treatment with
Disposal Alt SAS Systems shall be used in trench configuration whenever possible,
unless a diff rent configuration is allowed by the Approval(s) Special Conditions.
3. The Alternative System shall include a properly sized and constructed septic tank,
designed in ccordance with 310 CMR 15.223-15.229 or approved as an Alternative
technology per 15.280-15.288, connected to the building sewer and followed in series
by the approved Alternative Soil Absorption System. A 1,000 gallon septic tank may
be allowed i accordance with the provisions of 310 CMR 15.404(3)(a).
4. The Alternative System shall be installed in a manner which does not intrude on,
replace, or a versely affect the operation of any other component of the subsurface
sewage disposal system.
5. The Designer shall be a Massachusetts Registered Professional Engineer or a
Massachusetts Registered Sanitarian,including when designing systems for repair,
provided tha such Sanitarian shall not design a system with a discharge greater than
2,000 gallon 3 per day.
6. For new con truction or increases in flow, the System shall be subject to the following:
a) The Syst m may only be installed in soils with a percolation rate of up to 60
minutes per inch(MPI);
b) A site evaluation, in compliance with 310 CMR 15.100 through 15.107,must be
approved by the Approving Authority and the site must meet the siting
,require ents for new construction;
�
,'�c) >The record drawings, approved by the LAA,must clearly indicate an area for a full-
'�' s
izedd co ventional primary SAS and a full-sized conventional reserve area that are
for the sole purpose of on-site sewage disposal;
d) Where the System has reduced the effective leaching area, as allowed by the
Standard Conditions,the installation shall not disturb the site in any manner that
would p eclude the future installation of the conventional full-sized primary SAS
without ncroaching on the reserve area; and
e) Except f r the installed SAS, the System Owner shall not construct any permanent
buildings or structures or disturb the site in any manner that would encroach on the
area approved for a full-sized conventional primary SAS or the area approved for a
full-sized conventional reserve SAS.
7. For the uarade of a system, the installation of the proposed System shall be subject to
the followin
a) The System may only be installed in soils with a percolation rate of up to 90 minutes
per inch(MPI);
b) Prior to pproving the installation of the System,the LAA must determine there is no
increase in the actual or proposed design flow;
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General Use and Remedial se Approvals
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c) Prior to Local Approval of the System,the Designer shall show on the plans the
maxi mu available area for a conventional system(without reserve) designed in
accorda ce with the standards of 310 CMR 15.100 through 15.255.
d) The proposed System must include the approval by the LAA for the upgrade or
replacement of all other existing components, as necessary, to comply with the
standard of Maximum Feasible Compliance (MFC) of 310 CMR 15.404;
e) The reco rd drawings, approved by the LAA,must clearly indicate an area for the
best feasible replacement system that could be installed in the event that the
propose 'Alternative Soil Absorption System fails or it is determined that it is not
capable f providing equivalent environmental protection;
fj When evaluating the best feasible replacement system that could be installed in the
event th t the proposed Alternative Soil Absorption System fails or it is determined
that it is not capable of providing equivalent environmental protection,the Designer
shall co sider these options in the following order:
i. a conventional system designed in accordance with the standards of 310 CMR
15.1 0 through 15.255 that can be built feasibly,with the exception of
providing a reserve area(15.248);
ii. a conventional system that can only be built feasibly under a Local Upgrade
Approval (LUA);
iii. where a conventional system cannot be built feasibly under a LUA, a
Bottomless Sand Filter, in conjunction with a Secondary Treatment Unit;
iv. where a System can only be built feasibly with variances, a System that has
been demonstrated to vary the design requirements of 310 CMR 15.000 to the
least degree necessary and have the least effect on public health, safety,
welfEre and the environment(the System may be an Alternative System with
variances); or
v. a tight tank.
f) The installation of the proposed System shall not disturb the site in any manner
that wou d preclude the future installation of the best feasible replacement system
that coul i be installed to replace the proposed System. Components of the
proposed System may be sited in an area for the future installation of the best
feasible eplacement system,provided that it does not render the area unusable for
a potenti 1 future replacement system; and
g) Except for the installed SAS, the System Owner shall not construct any
permanent buildings or structures in the area for the best feasible replacement
system t at could be installed to replace the proposed System and the System
Owners all not disturb the site in any other manner that would preclude the
future installation of the best feasible replacement system.
8. Alternative Desim Standard to 310 CMR 15.242 1 a Effluent Loading Rates
For new construction or increases in flow,the required effective leaching area may be
reduced up t 40 percent when using the loading rates for gravity systems of 310 CMR
15.242(1)(a) provided:
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a) o
variance is granted for a reduction in depth to groundwater;
b no variance is granted for a reduced depth of pervious material; and
)� a minimum of 400 square feet of effective leaching area shall be installed if any
proposed reduction in the leaching area would result in less than 400 square feet
of effective leaching area; (Facilities with small flows that would not require 400
sq.ft. of effective leaching area, when designed in accordance with Title 5, may be
built wit:
it less than 400 sq. ft. provided that no reduction in effective leaching area
is taken)
9. Alternative esi n Standard to 310 CMR 15.242 1 a and 15.245(4),
Effluent Loadina Rates
For the Lipgrade of a system, the System shall be subject to the following:
a) For soils with a percolation rate of 60 minutes or less per inch,the size of the SAS
may be sized with 40 percent less effective leaching area than required when using
the loadi ig rates for gravity systems of 310 CMR 15.242(1)(a);
b) For soils with a percolation rate of between 60 and 90 minutes per inch, the size
of the SAS may be sized with 40 percent less effective leaching area than required
when using the loading rate of 0.15 gpd/square foot as specified by 310 CMR
15.245(4);
c) Unless a,lowed under the Special Conditions for the Technology, no additional
reductio in the effective leaching area is allowed under an LUA or a variance that
would result in a reduction greater than 40%of that which would be required under
310 CM 15.242(1)(a) and 15.245(4),respectively. Any other deviations to design
standards, except the effective leaching area,may be granted under LUA or a
variance and
d) A minimum of 400 square feet of effective leaching area shall be provided if any
proposed reduction in the leaching area would result in less than 400 square feet of
effective leaching area. Where 400 square feet of effective leaching is not feasible,
the greatest effective leaching area shall be installed provided that no more than a 40
percent reduction is taken.
10. Specific Conditions for Treatment with Dis osal Alt. SAS Technologies
P p g
a) The use of aggregate as specified in 310 CMR 15.247 is not allowed with Patented
Sand Fil ers.
b) Unless determined necessary by the Designer or Company,the System shall not
be used with pressure distribution for any design flow. When installed for a
facility with a design flow of 2,000 gpd or greater, approved Patented Sand Filter
Systems are exempt from the requirement for pressure distribution under 310
CMR 15.231.
c) Patented Sand Filters shall not be installed in a Nitrogen Sensitive Area(NSA) to
serve facilities with actual or design flows of 2,000 GPD or greater since those
facilities require installation of a Recirculating Sand Filter(RSF) or equivalent
technology. Patented Sand Filters may be installed as a disposal-only alternative
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technology when used in addition to an approved Secondary Treatment Unit
(reductio of BOD/TSS). When a Patented Sand Filter is used in this type of
septic sy tem design, only the reductions permitted in the Secondary Treatment
Unit's ( TU) alternative technology approval, such as a reduction in SAS size,
depth of- aturally occurring pervious material or depth to groundwater, are
allowed.
d) For upgr des only, a reduction in the depth to groundwater and/or a reduction in
the pervious material may be taken in accordance with Section II,paragraph 5 of
the Standard Conditions for Secondary Treatment Units Approved for Remedial
Use. In no case, shall the reductions allowed under the Standard Conditions for
Second a Treatment Units be combined with any reduction provided by this
Approva, the alternative technology's Remedial Use Approval Special
Conditio is or with any reduction that may be allowed under the procedures of
Local U1 grade Approval or variance procedures of 310 CMR 15.401-415.
11. Specific Conditions for Disposal-Only Alt. SAS Technologies
a) In a NSA, as defined in 310 CMR 15.215, Alternative Systems serving facilities
with actual or design flows of 2,000 GPD or greater must include treatment with a
RSF orequivalent technology, as required by 310 CMR 15.202(1). Under this
Approval, Disposal-Only Alt. SAS technologies shall not be installed in an NSA
to serve facilities with actual or design flows of 2,000 GPD or greater unless
installed in conjunction with a RSF or equivalent technology.
b) For new onstruction or upgrades, a reduction in the effective leaching area may
be taken in accordance with the conditions and limitations imposed by the
approval of the Secondary Treatment Unit employed. (approved Alternative
Chambers may be installed with or without aggregate for the disposal of effluent
from an pprove d Secondary Treatment Unit, see paragraph 11(e)below.) For
upgrades only, a reduction in the depth to groundwater and/or a reduction in the
pervious material may be taken in accordance with the conditions and limitations
imposed by the Remedial Use Approval of the Secondary Treatment Unit
employed. In no case, shall the reductions allowed under the Secondary
Treatment Unit approval be made less stringent. In no case, shall the reductions
allowed under the Secondary Treatment Unit approval be combined with any
reduction provided by this Approval or combined with any reduction that may be
allowed under the procedures of Local Upgrade Approval or the variance
procedures of 310 CMR 15.401-415.
c) For the upgrade of a system, installations without secondary treatment are entitled
to reductions in depth to groundwater or depth of naturally occurring pervious
material only to the limits that may be allowed by the LAA under the procedures
of Local Upgrade Approval or the variance procedures of 310 CMR 15.401-415.
d) The use f aggregate as specified in Title 5, 310 CMR 15.247 is not required.
Standard Conditions for Alternative Soil Absorption Systems Page 8 of 15
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Chambers S ecific Standard Conditions,
e) The installation of approved Alternative Chambers with aggregate is allowed
provided that it complies with the aggregate requirements of 310 CMR 15.247.
However,when approved Alternative Chambers are installed with aggregate the
reductio in effective leaching area provided by Standard Conditions II (8) and
(9) is not allowed. Only when upgrading a system, approved Alternative
Chambers installed with aggregate may be allowed a reduction in effective
leaching area(up to 25%)under the limitations and procedures of a Local
Upgrade Approval (3 10 CMR 15.401-405).
f) Effluent ressure distribution shall be provided for actual or design flows of 2,000
gpd or greater and shall be designed in accordance with Department guidance.
The effl ent loading rates provided in 310 CMR 15.242(1)(b) for pressure
distribution may be utilized,but no reduction in the effective leaching area as may
be provi ed under this Approval may be taken when using the loading rates for
pressure istribution, as stated in the regulation.
12. All System c ntrol units,valve boxes,distribution piping, conveyance lines and other
System appurtenances shall be designed and installed to prevent freezing.
13. When pumping is required to a distribution box or to a SAS pressure distribution
tank, the System pump chambers/tanks shall be equipped with sensors and high-level
alarms to protect against high water due to pump failure, pump control failure, loss of
power, system freeze ups,backups, etc. Emergency storage shall be provided when
pumping to ischarge is employed, including but not limited to,pressure distribution.
Emergency storage capacity for wastewater above the high level alarm shall be
provided equal to the daily design flow of the System including an additional
allowance for the volume of all drainage which may flow back into the System when
pumping has ceased.
14. System control panel(s) including alarms and controls shall be mounted in a location
always accessible to the operator(Service Contractor). Any System malfunction and
high water a arms shall be readily visible and audible for the facility occupants and the
Service Contractor and shall be connected to circuits separate from the circuits serving
the operating equipment and pumps.
15. The System hall not include any relief valve or outlet for the discharge of wastewater
to prevent flooding of the system,back up or break out.
16. Any System structures with exterior piping connections located within 12 inches of or
lower than t e Estimated Seasonal High Groundwater elevation shall have the
connections made watertight with neoprene seals or equivalent.
17. In compliance with 310 CMR 15.240(13), a minimum of one (1) inspection port shall
be provided ithin the SAS consisting of a perforated four inch pipe placed vertically
down to the; levation of the SAS interface with the underlying unsaturated pervious
soils to enable monitoring for ponding. The pipe shall be capped with a screw type
Standard Conditions for Alternative Soil Absorption Systems Page 9 of 15
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cap and accessible to within three inches of finish grade. (A locking cap at-grade is
preferred) Facilities with multiple SAS's shall have an inspection port in each.
18. Upon submission of an application for a Disposal System Construction Permit
(DSCP), the Designer shall provide to the Local Approving Authority:
a) proof that the Designer has satisfactorily completed any required training by the
Company for the design and installation of the Technology;
b) certification of the design by the Company for any residential system with a
design o 2,000 gpd or more or for any proposed non-residential system or if
required y the Special Conditions for an approved Technology;
c) certification by the Designer that the design conforms to the Approval, any
Company Design Guidance, and 310 CMR 15.000; and
d) a certification, signed by the Owner of record for the property to be served by the
Technol gy, stating that the property Owner:
i. has been provided a copy of the Title 5 I/A technology Approval, the Owner's
Mani Lal, and the Operation and Maintenance Manual, and the Owner agrees to
conif ly with all terms and conditions;
ii. for S stems installed under a Remedial Use Approval, the owner agrees to
fulfil his responsibilities to provide written notification of the Approval to
any new Owner, as required by 310 CMR 15.287(5);
iii. if the design does not provide for the use of garbage grinders, the restriction is
understood and accepted; and
iv. whet er or not covered by a warranty, the System Owner understands the
requirement to repair,replace, modify or take any other action as required by
the Department or the LAA, if the Department or the LAA determines the
System to be failing to protect public health and safety and the environment,
as de coed in 310 CMR 15.303.
19. The System Owner and the Designer shall not submit to the LAA a DSCP application
for the use of a Technology under this Approval if the Approval has been revised,
reissued, sus ended, or revoked by the Department prior to the date of application.
The Approval continues in effect until the Department revises, reissues, suspends, or
revokes the Approval.
20. The System wner shall not authorize or allow the installation of the System other
than by a locally approved Installer and, if required by the Company, a person
certified or trained by the Company to install the System.
21. Prior to the ommencement of construction,the System Installer must certify in
writing to the Designer, the LAA, and the System Owner that(s)he is a locally
approved Sy tem Installer and, if required by the Company, is certified by or has
received appropriate training by the Company.
22. The Installet shall maintain on-site, at all times during construction, a copy of the
approved plans,the Owner's manual,the O&M manual, and a copy of the Approval.
ti
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23. Prior to the issuance of a Certificate of Compliancethe.following shall'be,proaided
a) the System Installer and Designer must provide certification in writing to the
LAA that the System has been constructed in compliance with the terms of the
Approvafi; and
b) For System upgrades installed under a Remedial Use Approval the System
Owners all provide a copy of record and/or register the Deed Notice required by
310 CM 15.287(l 0),to the LAA. The Deed Notice shall be completed as
follows:
i. a certi ed Registry copy of the Deed Notice bearing the book and page/or
document number; and
ii. if the property is unregistered land, a copy of the System Owner's deed to the
prope as recorded at the Registry,bearing a marginal reference on the System
Owners deed to the property.
The Notice to be recorded shall be in the form of the Notice provided by the
Departm nt.
24. The Department has not determined that the performance of the System will provide a
level of prot ction to public health and safety and the environment that is at least
equivalent to that of a sanitary sewer system.
a) If it is fe sible to connect a new or existing facility to the sewer, the Designer
shall not propose an Alternative System to serve the facility and the facility
Owners all not install or use an Alternative System; and
b) When a .anitary sewer connection becomes feasible after an Alternative System
has been installed, the System Owner shall connect the facility served by the
System t the sewer within 60 days of such feasibility and the System shall be
abandon d in compliance with current Code requirements,unless a later time is
allowed in writing by the Department or the LAA.
III. Operation and aintenance
1. For Systems with design flows of 2,000 gpd or greater where the effective leaching
area installed is less than 75%of that required by Title 5 (3 10 CMR 15.240(4)),
measuremeri of the depth of ponding within the SAS above the interface with the
underlying unsaturated pervious soils shall be performed once per year by means of
the inspection port(s) and any other available access to the distribution system.
Inspector must be an Approved System Inspector.
2. Whenever an Alt. SAS system's inspection port ponding depth is measured and
indicates the ponding level within the SAS is above the invert of the distribution
system, an additional measurement shall be made 30 days later. If the subsequent
reading indicates the elevation of ponding within the SAS is above the invert of the
distribution ystem,the System Owner shall be responsible for the submittal to the
LAA within 60 days of the follow-up inspection, a written evaluation of the System
with recommendations for changes in the design, operation, and/or maintenance. The
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written evaluation with recommendations shall be prepared by a Designer and the
submission shall include all monitoring data and inspection reports for the previous 3
years.
Recommendations shall be implemented, as approved by the LAA, in accordance
with an approved schedule,provided that all corrective measures are implemented
consistent with the limitations described in Paragraph IVA.
3. For Systems less than 2,000 gpd or facilities where the effective leaching area
installed meets the requirements of Title 5, the System shall not be required to be
inspected at any greater frequency than would be required if the facility was served
by a conventional system,unless the LAA, Company, or Designer requires more
frequent inspection.
4. If at any tim a septic system with an Alt. SAS is inspected by a System Inspector,
the following shall be recorded, at a minimum:
a) date, tim , air temperature, and weather conditions;
b) observations for objectionable odors;
c) observations for signs of breakout of sanitary sewage in the vicinity of the
Alternative System;
d) depth of ponding within the SAS;
e) identific tion of any apparent violations of the Approval;
f) since the last inspection,whether the system had been pumped with date(s) and
volume( )pumped;
g) sludge depth and scum layer thickness, if measured;
h) when re onding to alarm events,the cause of the alarm and any steps taken to
address the alarm and to prevent or reduce the likelihood of future similar alarm
events;
i) field testing results when performed as part of the site visit;
j) samples aken for laboratory analysis and results of previous samples, if any
k) any cleaning and lubrication performed;
1) any adjustments of control settings, as recommended or deemed necessary;
m) any testing of pumps, switches, alarms, as recommended or deemed necessary;
n) identific tion of any equipment failure or components not functioning as
designed;
o) parts repacements and reason for replacement,whether routine or for repair; and
p) further corrective actions recommended, if any.
5. The System Owner shall maintain copies of any service records or inspection reports
and all reports and notifications to the LAA for a minimum of three years.
6. Unless direc ed by the LAA to take other action, the System Owner shall immediately
cease discharges or have wastewater hauled off-site, if at any time during the
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operation of the Alternative System the system is in failure as described in 310 CMR
15.303(1)(a) items 1 or 2 (sewage backing up into facilities or breaking out to the
surface).
IV. Additionalystem Owner Requirements
1. For System pgrades installed under Remedial Use Approval,prior to signing any
agreement to transfer any or all interest in the property served by the System, or any
portion of the property, including any possessory interest,the System Owner shall
provide wri en notice, as required by 310 CMR 15.287(5), of all conditions
contained in'the Approval to the transferee(s). Any and all instruments of transfer
and any leas s or rental agreements shall include as an exhibit attached thereto and
made a part of thereof a copy of the Approval for the System. The System Owner
shall send a copy of such written notification(s)to the LAA within 10 days of giving
such notice to the transferee(s).
2. The System wner shall not install, modify,upgrade, or replace the System except in
accordance with a valid DSCP issued by the LAA which covers the proposed work.
3. Upon detennining that the System is failing to protect public health and safety and the
environment as defined in 310 CMR 15.303, the System Owner shall be responsible
for the notification of the LAA within 24 hours of such determination.
4. In the case of a System that has been determined to be failing to protect public health
and safety id the environment, an equipment failure, alarm event, components not
functioning s designed, components not functioning in accordance with
manufacturers' specifications, or violations of the Approval,the System Owner shall
provide written notification within five days, describing corrective measures to the
local board f health and the Company and may only propose or take corrective
measures provided that:
a) all emergency repairs, including pumping, shall be in accordance with the
limitatio s and permitting requirements of 310 CMR 15.353;
b) the design of any repairs or upgrades are consistent with the System Approval;
c) the design of any repairs or upgrades requiring a DSCP shall be performed by a
Designei who is a Massachusetts Registered Professional Engineer or a
Massach isetts Registered Sanitarian,provided that such Sanitarian shall not
design a system with a discharge greater than 2,000 gallons per day.
d) the installation of any repairs or upgrades requiring a DSCP shall be done by an
Installer with a currently valid Disposal System Installers Permit and, if training is
required the Installer shall be certified by the Company as qualified to install the
System.
5. To determin whether cause exists for modifying, revoking, or suspending the
Approval or to determine whether the conditions of the Approval have been met,the
System Owner shall furnish the Department any information that the Department
requests reg rding the System,within 21 days of the date of receipt of that request.
Standard Conditions for Alternative Soil Absorption Systems Page 13 of 15
General Use and Remedial L se Approvals
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6. The Approval shall be binding on the System Owner and on its agents, contractors,
successors, and assigns, including but not limited to the Designer, Installer, and
Service Contractor. Violation of the terms and conditions of the Approval by any of
the foregoing persons or entities,respectively, shall constitute violation of the
Approval by the System Owner unless the Department determines otherwise.
V. Company Requirements
1. The Approval shall only apply to the model unit(s)with the same model
designation(s) specified in the System Approval and meet the same specifications,
operating requirements, and plans, as provided by the Company or its authorized
agent at the lime of the application. Any proposed modifications of the unit(s),
installation requirements, or operating requirements shall be subject to the review of
the Department for inclusion under a modification of the Approval. The Designer
shall be responsible for the selection of the appropriate model unit(s) as applicable.
The Comp a y shall be responsible for verification of the appropriate model unit(s) as
part of any r view of proposed installations that may be required by Paragraph V.3 of
these Standard Conditions or the Special Conditions in the Approval.
2. Prior to submission of an application for a DSCP,the Company or its authorized
agent shall p ovide to the Designer and the System Owner:
a) All design and installation specifications and requirements;
b) An owner's manual and, if alarms are provided, including response procedures;
c) A copy of the Company's warranty; and
d) If training or certification is required by the Company, lists of qualified
Design s, Installers, and Service Contractors.
3. Prior to the ubmission of an application for a DSCP, for all nonresidential Systems
and any Sys em with a design flow of 2,000 gpd or greater, the Company shall submit
to the Desi er and the System Owner, a certification by the Company or its
authorized a�ent that the design conforms to the Approval and all Company
requirement and that the proposed use of the System is consistent with the
Technology's capabilities. The authorized agent of the Company responsible for the
design revie shall have received technical training in the Company's products.
4. If the Comp ny requires trained or certified Designers, Installers, or Service
Contractors,the Company or its authorized agent shall make available programs of
training and continuing education, as necessary. The Company or its authorized
agent shall aintain, annually update, and make available by February 15th of each
year, lists of trained or certified Designers, Installers, and Service Contractors. If
training or certification is required, the Company shall not sell the Technology to an
Installer unless the Installer is trained or certified to install the System by the
Company. Similarly, if training is required,the Company shall ensure distributors
and resellers of the Technology shall not sell the Technology to an Installer unless the
Installer is ti ained or certified to install the System by the Company.
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General Use and Remedial I se Approvals
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5. As part of any training programs for Designers,Installers, or Service Contractors, the
Company or its authorized agent shall provide each trainee with a copy of this
Approval wi h the design, installation, O&M, and owner's manuals that were
submitted as part of the Approval.
6. The Company shall provide, in printed or electronic format, the System design,
installation, &M, and Owner's manuals, and any updates associated with this
System Appi oval, to the System Owners, Designers,Installers, Service Contractors,
vendors,res llers, and distributors of the System. Prior to publication or distribution
in Massachu efts,the Company shall submit to the Department for review a copy of
any proposed changes to the manual(s)with reasons for each change, at least 30 days
prior to issuance. The Company shall request Department approval for any
substantive changes which may require a modification of the Approval.
7� Prior to its s le of any System that may be used in Massachusetts, the Company shall
provide the purchaser with a copy of this Approval with the System design,
installation, &M, and Owner's manuals. In any contract for distribution or sale of
the System, ,he Company shall require the distributor or seller to provide the
purchaser of a System for use in Massachusetts with copies of these documents,prior
to any sale of the System.
8. To determin whether cause exists for modifying,revoking, or suspending the
Approval or to determine whether the conditions of the Approval have been met,the
Company shall furnish the Department any information that the Department requests
regarding the Technology within 21 days of the date of receipt of that request.
9. Within 60 dys of issuance by the Department of these Conditions and any other
revisions to 1he Approval,the Company shall provide written notification of changes
to the Approval to all distributors and resellers of the System.
10. The Company shall provide written notification to the Department's Director of the
Wastewater Management Program at least 30 days in advance of the proposed
transfer of o nership of the technology for which this Approval is issued. Said
notification shall include the name and address of the proposed owner containing a
specific date of transfer of ownership,responsibility, coverage and liability between
them. All provisions of this Approval applicable to the Company shall be applicable
to successor and assigns of the Company,unless the Department determines
otherwise.
11. The Company shall maintain copies of-
a)
fa) the App oval;
b) the installation manual specifically detailing procedures for installation of its
System;
c) an owner's manual and, if alarms are required, including alarm response
procedures;
d) a copy of the Company's warranty; and
Standard Conditions for Alternative Soil Absorption Systems Page 15 of 15
General Use and Remedial L se Approvals
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e) if trainin or certification is required, lists of qualified Designers and Installers.
12. The Company shall maintain the following additional information for `Treatment
with Disposal' Systems installed in Massachusetts, and make it available to the
Department ithin 30 days of a request by the Department:
a) the address of each facility where the System was installed, the Owner's name and
mailing address (if different), the type of use(e.g. residential, commercial,
institutional, etc.), the design flow,the model installed; and
b) the installation date, start-up date,current operational status.
13. The Approval shall be binding on the Company and its officers, employees, agents,
contractors, successors, and assigns, including but not limited to dealers, distributors,
and resellers Violation of the terms and conditions of the Approval by any of the
foregoing persons or entities,respectively, shall constitute violation of the Approval
by the Company unless the Department determines otherwise.
VI. General Requirements
1. Any System for which a complete Disposal System Construction Permit("DSCP")
Application is submitted while the Approval is in effect, may be permitted, installed,
and used in ac ordance with the Approval,unless and until:
a) the Depa Iment issues modifications or amendments to the Approval which
specifica ly affect the installation or use of a System installed under the Approval
for the S stem; or
b) 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.
2. All notices and documents required to be submitted to the Department by the Approval
shall be submi ted to:
Director
Wastewater Management Program
Dep ent of Environmental Protection
One inter Street- 5th floor
Boston,Massachusetts 02108
3. The Departme t may suspend,modify or revoke the Approval for cause, including,but
not limited to,,non-compliance with the terms of the 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 Approv 1, 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 the Approval
and/or the System against the Company, a System Owner, a Designer, an Installer,
and/or Service Contractor.