General Conditions for Use of Alternative Systems Pursuant to 310 CMR 15.284 through 15.286

The following conditions shall apply to all uses of alternative systems pursuant to 310 CMR 15.284 through 15.286: (1) All plans and specifications shall be designed in accordance with 310 CMR 15.220. (2) Any required operation and maintenance, monitoring and testing plans shall be submitted to the Department or an agent authorized by the Department and approved by the Department prior to initiation of the use. Monitoring and sampling shall be performed in accordance with a plan approved by the Department. Sample analysis shall be conducted by an independent U.S. EPA or Commonwealth of Massachusetts approved testing laboratory, or an approved independent university laboratory, unless otherwise provided in the written approval of the Department. It shall be a violation of 310 CMR 15.000 to omit from a report or falsify any data collected pursuant to an approved testing plan. (3) The facility served by the alternative system and the system itself shall be open to inspection and sampling by the Department, any agent authorized by the Department, and the Local Approving Authority at all reasonable times. (4) The Department and/or the Local Approving Authority may require the owner or operator of the system to cease operation of the system and/or to take any other action necessary to protect public health, safety, welfare and the environment. (5) Prior to the transfer of any ownership interest in an alternative system, or of any right or responsibility to operate an alternative system, the owner or operator shall provide written notice to the proposed new owner or operator that the system is an alternative system. Such notice shall include notice of the general conditions and any special conditions applicable to the system and its owner. In addition, the owner shall include either a copy in full or a reference to the notice of the alternative system described in 310 CMR 15.287(10), and the recording information for that notice, in the instrument of transfer of any such ownership interest. In the event of the transfer of any such right or responsibility without a transfer of ownership interest, the owner or operator shall include a copy in full or a reference to the notice of the alternative system described in 310 CMR 15.287(10), and the recording information for that notice, in the agreement transferring such right or responsibility. (6) The owner or operator, or the proponent of the alternative system, shall obtain and provide the Department or an agent authorized by the Department with a determination from the board of certification of operators of wastewater treatment facilities established pursuant to M.G.L. c. 21, § 34A, as to whether a certified operator is required for operation of the alternative system. The Department shall waive this requirement if it has on file a determination for the alternative system, and shall notify the owner, operator, or proponent of the determination. (7) It is a violation of 310 CMR 15.000 to install, construct, or operate an alternative system except in full compliance with the written approval and 310 CMR 15.287. (8) The Department may require the issuance of a groundwater discharge permit pursuant to 314 CMR 5.00: Ground Water Discharge Permit Program for any alternative system. (9) The system owner shall maintain an operation and maintenance contract with a Massachusetts certified operator where one is required by 257 CMR 2.00: Certification of Operators of Wastewater Treatment Facilities, or otherwise with a person qualified to operate and maintain the system in accordance with the Department's written approval. (10) Prior to obtaining a Certificate of Compliance for installation of a new or upgraded system, the system owner shall record in the chain of title for the property served by the alternative system in the Registry of Deeds or Land Registration Office, as applicable, a form of Notice approved by the Department disclosing the existence of the alternative on-site system and its approval. The system owner shall provide evidence of such recording to the Approving Authority.