Division of a Facility and Upgrades Using Shared Systems

(1) The Approving Authority may allow use of shared systems for upgrade of existing systems or to serve two or more facilities that will result from division of a Facility without granting a variance pursuant to 310 CMR 15.410 through 15.413 only where: (a) the proposed shared system satisfies all technical requirements of 310 CMR 15.100 through 15.292 without the need for a variance except setbacks from property lines between facilities served by the shared system; (b) there will be no new construction or increase in design flow from the facility or facilities to be served by the shared system; (c) the applicant proposes institutional arrangements as described in 310 CMR 15.290(2)(c), and records a Grant of Title 5 Covenant and Easement essentially identical to that contained in 310 CMR 15.000: Appendix 1, in accordance with 310 CMR 15.290(2)(e); and (d) the applicant provides the Approving Authority with the insurance policy or other comparable financial assurance mechanism required pursuant to 310 CMR 15.290(2)(d). (2) The use of shared systems for upgrade of existing systems in any situation not described in 310 CMR 15.291(1) may only be approved through a variance. (3) A Local Approving Authority may impose additional conditions on the use of shared systems under 310 CMR 15.000 only in accordance with 310 CMR 15.003(3).