Emergency Repair

(1) Emergency repair or replacement of system components shall be completed within 30 days and shall be limited to the following: (a) pumping of a septic tank, tight tank, or cesspool as frequently as necessary to prevent backup or breakout; or (b) repair or replacement of one or more structural components of a system otherwise in compliance with 310 CMR 15.000, excluding the soil absorption system, such as a clogged building sewer or distribution line, damaged building sewer, septic tank or distribution box, or broken tee, which is determined to be the probable cause of the system failure and for which no modification or alteration of the system design is required. (2) The emergency repair shall be limited to pumping if pumping alleviates the imminent danger to the public health, safety, welfare or the environment. If pumping does not alleviate the imminent danger to the public health, safety, welfare, or the environment, the Disposal System Installer may repair or replace one or more structural components of a system, excluding the soil absorption system, provided that: (a) the system is otherwise in compliance with 310 CMR 15.000; (b) any structural component that is repaired or replaced shall be in compliance with or upgraded to the requirements of 310 CMR 15.000; (c) the Disposal System Installer has determined the structural component being repaired or replaced is the probable cause of the condition constituting an imminent danger to the public health, safety, welfare or the environment; and (d) no modification or alteration of the system design is required. (3) Only a Permitted Disposal System Installer may conduct an emergency repair. (4) All emergency repairs other than pumping shall be preceded by at least 24-hour notice to the Approving Authority. All emergency repairs other than pumping shall be followed within 14 days of commencement of the emergency repair by an application for a Disposal System Construction Permit, local upgrade approval, or an application for a variance, if needed, pursuant to 310 CMR 15.411(2). The applicant may backfill any excavation required for the emergency repair unless directed otherwise by the Approving Authority. Pumping shall be reported to the Approving Authority. (5) Any upgrade or expansion of a system which is not an emergency repair shall be designed, approved, and constructed in accordance with 310 CMR 15.000.