Approval for Remedial Use

(1) The purpose of approval for remedial use is to allow for the rapid approval of an alternative system that is likely to improve existing conditions at a particular facility or facilities currently served by a failed, failing or nonconforming system. (2) Remedial use of an alternative system shall be allowed where the Department finds that all of the following conditions are met: (a) the proposed use of the alternative system is for upgrade of a failed, failing or nonconforming existing system(s); (b) the design flow is less than 10,000 gallons per day, and there is no increase in design flow to be served by the proposed alternative system; (c) the applicant has established, through evidence of effective past performance of the alternative system over a period of at least one year of general usage in other states where relevant physical and climatological conditions are similar to those in Massachusetts, that the alternative system will provide a level of environmental protection 1. at least equivalent to that of a system designed and constructed in accordance with 310 CMR 15.100 through 15.255, for use where connection to a sewer system is not feasible, or 2. at least equivalent to a sewer system, for use where connection to a sewer system is feasible. The Department may waive this requirement in situations where such evidence is already on file with the Department for that system. When relying on system performance in other states, all available information including but not limited to a copy of the other state’s written approval, testing and performance data shall be provided. (d) the Local Approving Authority has found that that conditions of 310 CMR 15.284(2)(a) through (c) are satisfied; and (e) the applicant has made arrangements through contract with a vendor or in another manner acceptable to the local Approving Authority and the Department to ensure that necessary operation and maintenance of the alternative system will be performed appropriately. (3) The provisions of 310 CMR 15.287 apply to any remedial use of an alternative system. (4) If at any time the Local Approving Authority or the Department determines that a system that has been installed pursuant to an approval for remedial use is failing or has failed, enforcement action may be taken. (5) Unless an environmental and performance monitoring and reporting program has been approved by the Department and implemented at facilities approved for remedial use, the record of performance of an alternative system at such facilities shall not constitute a basis to approve that alternative system for provisional use or to certify the system for general use. Approval for remedial use is not intended to provide the sole means for demonstrating that an alternative system is acceptable for provisional approval or certification for general use. (6) In approving remedial use of an alternative system, the Department shall determine whether any person wishing to use such system must connect the facility to a sanitary sewer if such connection is or becomes feasible.