310 C.M.R. 15.003 – Coordination with Local Approving Authorities

(1) In general, full compliance with the provisions of 310 CMR 15.000 is presumed by the Department to be protective of the public health, safety, welfare and the environment. Specific site or design conditions, however, may require that additional criteria be met in order to achieve the purpose or intent of 310 CMR 15.000.
(2) The approval of any system, including the issuance of Disposal System Construction Permits, Local Upgrade Approvals, and Certificates of Compliance, shall be by the Local Approving Authority, except that the Department shall be the Approving Authority for systems owned or operated by an agency of the Commonwealth or of the federal government, for systems serving a facility with a design flow of 10,000 gallons per day or greater, and for variances granted in accordance with 310 CMR 15.416. Unless otherwise specified herein, the following systems or circumstances are approved by the Department only:
1. (a) alternative systems which are proposed in compliance with 310 CMR 15.280 through 15.289;
2. (b) upgrade or expansion of systems with a design flow of 10,000 gpd or greater but less than 15,000 gpd, or continued use of systems subject to 310 CMR 15.304(2); and
3. (c) any system or proposed system which the Department determines requires its review for the purposes of protection of public health, safety, welfare and the environment, or determining consistency with 310 CMR 15.000.
(3) Local approving authorities may enact more stringent regulations to protect public health, safety, welfare and the environment only in accordance with M.G.L. c. 111, § 31.
(4) Local requirements, or portions thereof, which were in effect prior to March 31, 1995 and which are less stringent than 310 CMR 15.000 shall not be applied to new construction, upgrade or expansion of existing systems.
(5) Local regulations adopted under M.G.L. c. 111, § 31 shall be filed with the Department's Boston Office in accordance with M.G.L. c. 21A, § 13.