Approval for Piloting

(1) Approval for piloting is intended to provide field testing and technical demonstration that a particular alternative system can or cannot function effectively under relevant physical and climatological conditions at one or more pilot facilities. Although information obtained during piloting is likely to be relevant to long term operation and maintenance concerns about a particular alternative system, approval for piloting is not intended, in and by itself, to provide a full evaluation of these issues. Approvals for site-specific piloting may be issued to technology proponents or to individuals seeking to use an alternative system at a particular Facility. (2) The Department shall approve a number of pilot facilities, not greater than 15, at which piloting may be conducted for an alternative system, and shall approve each individual proposed piloting facility prior to use of the alternative system on that facility. The use of multiple piloting sites is strongly encouraged and may be required by the Department. Piloting facilities must comply with one or more of the following conditions: (a) the proposed use of the alternative system will modify or replace an existing system provided there is no increase in design flow to the system; (b) the proposed use of the alternative system is for new construction or increased flow to serve a facility for which an on-site sewage disposal system in compliance with 310 CMR 15.000 exists on site, or for which a site evaluation for an on-site system in compliance with 310 CMR 15.100 through 15.255 has been approved by the Approving Authority; (c) the proposed use of the alternative system is for new construction or increased flow to serve a facility which has access to a municipal sewer, as evidenced by a local connection or discharge permit, to which any discharge from the proposed system will be made should the alternative system fail; or (d) the site is owned or controlled by an agency of the Commonwealth or of the federal government and has been approved by the Department. A local Approving Authority may impose additional conditions on the use of alternative systems approved for piloting under 310 CMR 15.000 only in accordance with regulations adopted pursuant to 310 CMR 15.003(3). (3) The Department shall approve an alternative system for piloting when all of the following conditions are met: (a) the Department has determined, based upon relevant technical data including without limitation actual field performance of the proposed alternative system in other states or data obtained by independent testing organizations, that the proposed alternative system is likely to be capable of providing a level of environmental protection at least equivalent to that of a system designed and constructed in accordance with 310 CMR 15.100 through 15.255. 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; (b) the applicant has proposed an environmental monitoring and reporting plan covering no less than 18 months of operation at each pilot facility that will produce a timely and full technical evaluation of the performance of the alternative system at the pilot facilities, including prompt identification of performance difficulties and the effectiveness of any corrective actions or adjustments to the alternative system; and (c) the applicant has made arrangements through contract with a vendor or in another manner acceptable to the Department and the local Approving Authority to ensure that necessary operation and maintenance activities will be performed appropriately. (4) The Department may establish special conditions, as it deems necessary, to ensure protection of public health, safety, welfare and the environment in its approval for piloting. (5) The provisions of 310 CMR 15.287 apply to any piloting of an alternative system. (6) If at any time the Department or the local Approving Authority determines that an alternative system installed pursuant to an approval for piloting is failing or has failed, enforcement action may be taken. (7) Upon completion of piloting in compliance with 310 CMR 15.285, the Department may: grant provisional approval of the alternative system pursuant to 310 CMR 15.286; determine that additional piloting in accordance with this 310 CMR 15.285 is required; or disapprove use of the alternative system. The Department may determine that successful site-specific pilots may remain in place at an individual Facility on a long-term basis consistent with the terms and conditions of the system approval. (8) If the Department determines that additional piloting is necessary, it may require an additional number of piloting facilities, not greater than five, and may require any modifications or adjustments to the alternative system, or impose such other requirements, as the Department deems necessary to ensure protection of public health, safety, welfare and the environment. (9) Should the Department disapprove use of the alternative system, any person wishing to use such an alternative system may file a permit application for use of such alternative system pursuant to 314 CMR 5.00: Ground Water Discharge Permit Program. Denial for the use of an alternative system pursuant to 310 CMR 15.000 shall not prejudice any action on an application pursuant to 314 CMR 5.00: Ground Water Discharge Permit Program. (10) It shall be a violation of 310 CMR 15.000 to make a false representation that an alternative system has been approved for piloting.