New Construction or Increased Flow to Existing Systems and Division of a Facility Using Shared

Systems (1) The Approving Authority may allow use of shared systems for new construction, increased flow to existing systems, or to serve two or more Facilities that will result from division of a Facility without granting a variance only where: (a) the proposed shared system satisfies all technical requirements of 310 CMR 15.100 through 15.292 except setbacks from property lines between facilities served by the shared system; (b) with the exception of a shared system serving a cluster development as defined in 310 CMR 15.002, the applicant demonstrates that the design flow from the facility or facilities to be served by the shared system does not exceed the design flow which could have been constructed in compliance with 310 CMR 15.000 without the use of a 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 financial assurance mechanism required by 310 CMR 15.290(2)(d). (2) The use of shared systems for new construction, for increased flow to existing systems or to serve two or more facilities that will result from division of a Facility in any situation not described in 310 CMR 15.292(1) may only be approved through a variance. An application for shared system approval of an existing system to serve two or more facilities resulting from division of a Facility is presumed to be for new construction where construction of any building served by the system was completed within the five years prior to the filing of the application. (3) A Local Approving Authority may impose additional conditions on the use of shared systems under 310 CMR 15.000 only in accordance with regulations adopted pursuant to 310 CMR 15.003(3). SUBPART D: INSPECTION AND MAINTENANCE OF SYSTEMS