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) Prior to dividing a facility all existing systems shall be inspected in accordance with 310 CMR 15.301(8). The division of a facility shall not be approved unless the Approving Authority has determined that the division will not put existing systems in noncompliance with the Title 5 and the applicant has demonstrated to the satisfaction of the Approving Authority that the division of property will not prevent the upgrade of existing systems in accordance with Title 5. Failed systems shall be upgraded in accordance with 310 CMR 15.305. Existing systems shall be altered as required by the Approving Authority for each new facility divided out of the original facility. Prior to the division of a facility, any shared systems to be created as a result of the division shall comply with 310 CMR 15.290, and the owner(s) or operator(s) shall obtain a shared system approval if the system will serve more than one facility after division of the 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 have an inspection of all of the systems pursuant to 310 CMR 15.301(6) and 15.302 completed within one year. (4) Whenever the Department or the local Approving Authority determines, based upon consideration of one or more of the factors in 310 CMR 15.011, that facilities asserted to be in separate ownership or control shall be regulated as a single facility, the Department or the local Approving Authority, based on the total design flow from the single facility, may order the single facility to comply with the requirements of 310 CMR 15.202 (Recirculating Sand Filters) or the Department may order the single facility to comply with the requirements of 314 CMR 5.00: Ground Water Discharge Permit Program by obtaining a groundwater discharge permit.