Provisions from Which No Variance May be Granted

(1) No variance from the minimum requirement of four feet of naturally occurring pervious material set forth in 310 CMR 15.240(1) shall be granted for new construction. (2) For upgrade of systems, or increase of flow to existing systems, no variance from the minimum requirement of four feet of naturally occurring pervious material set forth in 310 CMR 15.240(1) shall be granted unless the applicant demonstrates that alternatives for siting an on-site system with four feet of naturally occurring pervious material or connection to a sanitary sewer or connection to a shared system are not feasible. Where no such alternatives are feasible, a variance to allow the repair or replacement in the disposal area with no less than two feet of naturally occurring pervious material may be considered upon the applicant's demonstration of the following: (a) evidence, the result of deep observation hole testing, that the four feet requirement cannot be met anywhere on the site; (b) evidence that easements to adjacent property on which a system in compliance with the four feet requirement could be installed have been requested and can not be obtained; and (c) evidence that site testing to establish high ground-water elevation conducted in accordance with the procedures set forth in 310 CMR 15.103 has been conducted in conjunction with preparation of design plans and specifications for the repair or replacement of the system.