Local Upgrade Approvals

(1) The owner or operator may upgrade an existing system, including: a failed or nonconforming system with design flows below 10,000 gpd (systems which trigger failure criteria set forth at 310 CMR 15.303); systems with design flows of 10,000 gpd or greater but less than 15,000 gpd which fail to protect public health, safety, welfare and the environment (large systems set forth at 310 CMR 15.304(1)); and existing systems required to be upgraded to Best Available Nitrogen Reducing Technology pursuant to 310 CMR 15.215(2)(a); all pursuant to a local upgrade approval in accordance with the standards and requirements of 310 CMR 15.404 and 15.405 without obtaining variances. Local upgrade approvals for any system serving a facility owned by an agency of the Commonwealth or the federal government or systems with design flows of 10,000 gpd or greater but less than 15,000 shall be granted by the Department applying the same standards. The application for a local upgrade approval shall be made using a form approved by the Department. Notification to abutters shall be provided pursuant to the process in 310 CMR 15.411(1)(b), as required by 310 CMR 15.405(2), where the application is for reduction in the setback from a property line or from a private water supply well. (2) Local Upgrade approvals shall not be granted for upgrade proposals which include the addition of new design flows to a cesspool or privy or for the addition of new design flows above the existing approved capacity of a system constructed in accordance with the provisions of 310 CMR 15.000 or the 1978 Code. (3) System upgrades which cannot be performed in accordance with 310 CMR 15.404 and 15.405 require a variance from the provisions of 310 CMR 15.000, which shall be processed in accordance with 310 CMR 15.410 through 15.417.