Deadlines for Completion of Upgrades

(1) If a system is failing to protect public health, safety, welfare or the environment as set forth in 310 CMR 15.303(1) or 15.304(1), the owner or operator shall upgrade the system within two years of discovery unless: (a) a shorter period of time is set by the Local Approving Authority or the Department based upon the existence of an imminent health hazard; or (b) the continued use of the system is permitted by the Local Approving Authority in accordance with the provisions of an enforceable schedule for upgrade. Bases for continued use include, but are not limited to, proposals to connect to a sanitary sewer or shared system. A fiscal commitment to the sewering plan or shared system plan, together with an approved facility plan where appropriate, proposing connection or replacement of the failing system within five years, and an enforceable commitment by the owner to perform interim measures (for example, regular pumping) shall accompany any such local approval. Such approval shall expire in five years or upon the failure of the applicant for such approval to meet interim deadlines set forth in the enforceable schedule for upgrade and the plan. The Department may by specific written approval authorize the Local Approving Authority to allow a longer period of time, where the municipality has provided the Department a proposed implementation schedule for design and construction and has made a demonstrated financial commitment to the construction schedule. The Department may revoke any such approval if the approved schedule is not met. (2) If a system serving a facility with a design flow of 10,000 gpd or greater but less than 15,000 gpd is a significant threat to public health, safety, welfare or the environment as set forth in 310 CMR 15.304(2), the owner or operator shall upgrade the system within five years of discovery in accordance with the provisions of an enforceable schedule unless: (a) a shorter period of time is set by the Department based upon the existence of an imminent health hazard; (b) the continued use of the system is permitted by the Department because it is necessary to allow implementation of an environmentally superior solution. An enforceable commitment by the owner to perform interim measures (e.g., regular pumping, addition of fill) shall accompany any such approval by the Department. Such approval shall expire in seven years or upon the failure of the applicant for such approval to meet interim deadlines set forth in the enforceable schedule for upgrade. (3) The owner or operator shall take appropriate measures throughout the period between discovery of the condition requiring upgrade and completion of the upgrade to ensure that there is no backup or direct discharge of sewage or effluent to buildings, to the surface of the ground, or to surface waters. The local Approving Authority or the Department may order the owner or operator to take any measure necessary to ensure the protection of public health, safety, welfare and the environment during such period. (4) Except as provided in 310 CMR 15.004(3), all systems shall be abandoned in accordance with 310 CMR 15.354 and the buildings served by the systems shall be connected to a sewer when a sewer becomes available, unless: (a) the system is an alternative system approved for such use pursuant to 310 CMR 15.280 through 15.287; (b) the Department has made the determination in approving either the remedial use of an alternative system pursuant to 310 CMR 15.284 or in certifying an alternative system for general use pursuant to 310 CMR 15.288 that any person using such system need not connect the facility to a sanitary sewer if such connection is feasible; or (c) the owner of an existing system has obtained a variance from this requirement pursuant to 310 CMR 15.410 through 15.415. All systems shall be abandoned in accordance with 310 CMR 15.354 and the buildings served by the systems shall be connected to a sewer when directed to do so by the Board of Health pursuant to M.G.L. c. 83, § 11, by the Department pursuant to 310 CMR 15.000, or by court order.