Process for Review of Alternative System Proposals

(1) A person seeking approval of an alternative system shall prepare and submit a formal application to the Department, or an agent authorized by the Department. No application to the Department is required for use of an alternative system that has been certified for general use pursuant to 310 CMR 15.288, provided that such use is consistent with any conditions established in the certification. (2) For site specific piloting use approval pursuant to 310 CMR 15.285, the applicant shall obtain the approval of the Local Approving Authority prior to seeking approval by the Department. (3) Any proposal to construct, upgrade or expand any existing system using an alternative system of any type shall be subject to the permitting requirements set forth at 314 CMR 5.00 (discharges of pollutants to groundwater) unless the applicant complies with the terms and conditions of 310 CMR 15.281 through 15.288. (4) The Department or an agent authorized by the Department may request additional information regarding alternative system proposals in the course of its application review, pursuant to 310 CMR 4.00: Timely Action Schedule and Fee Provisions, and may consider any such information submitted when acting on the application. (5) When using alternative systems designed under 310 CMR 15.280 through 15.288, if the facility design and operation will result in flows significantly different from the values listed in 310 CMR 15.203(1) through (5), the alternative technology shall reflect the actual range of flows and loadings that the facility is expected to generate rather than the peak flow values listed in 310 CMR 15.203(1) through (5). The applicant, with the approval of the Department, may request to demonstrate a more appropriate design flow in accordance with 310 CMR 15.203(6). Notwithstanding the requirements of 310 CMR 15.203(6), the Department may establish a design flow thereunder that is based on the actual range of flows rather than based on 200% of average water meter readings. The soil absorption system and other units shall still be designed in accordance with 310 CMR 15.203(1) through (5) and 15.242.