Variances for Schools

(1) For purposes of 310 CMR 15.416, a school means any public or privately-owned elementary, middle, or secondary school. University, college or other adult educational facilities, regardless of ownership, are not considered schools for these purposes. The provisions of 310 CMR 15.413 shall apply to such variances. (2) The Department may vary the application of provisions of 310 CMR 15.000 as specified in 310 CMR 15.416 where a school demonstrates to the satisfaction of the Department that: (a) the variance is necessary to accommodate an overriding community, regional, state or national public interest; and (b) a level of environmental protection that is at least equivalent to that provided under 310 CMR 15.000 can be achieved without strict application of the provision of 310 CMR 15.000 from which a variance is sought. (3) The Department may vary the design flow values for elementary, middle or secondary schools set forth in 310 CMR 15.203(5), where the applicant: (a) satisfies the criteria of 310 CMR 15.416(2); (b) demonstrates through the use of metered maximum daily water flow readings from the facility or similar facilities in the same or surrounding communities that because of water conservation techniques or other factors flows are or will be substantially different from those contained in 310 CMR 15.203(5), including consideration of occupancy and use rates; and (c) demonstrates that system design has also accounted for any anticipated pollutant loadings and greater concentration of pollutants that result from reducing flows. If the Department grants such a variance, it shall require determination of design flows based on 200% of the average daily water meter readings when school is in session in order to assimilate maximum daily flows. (4) If any school with a design flow of 10,000 gpd or greater but less than 15,000 gpd is threatening public health, safety, welfare and the environment pursuant to 310 CMR 15.304(2), a groundwater discharge permit will be required unless the Department determines after consideration of the factors set forth in 310 CMR 15.304(3) that this requirement would be manifestly unjust and the owner or operator of the school has established that a level of environmental protection that is at least equivalent to that provided under 310 CMR 15.000 can be achieved without strict application of this requirement. (5) The Department may vary the prohibition on increased flows to systems with design flows between 10,000 and 15,000 gpd set forth in 310 CMR 15.006(3), where the applicant: (a) satisfies the criteria of 310 CMR 15.416(2) and 310 CMR 15.414(3) (increases in flow to existing facilities); (b) demonstrates that there are no reasonable conditions or alternatives that would allow the system to be expanded in compliance with the provisions of 310 CMR 15.000 or other applicable requirements; and (c) demonstrates that the upgraded system with the increased flow provides better protection of public health, safety, welfare and the environment than the existing system with no increase in flow.