310 C.M.R. 15.288 – Certification of Alternative Systems for General Use

(1) Certification for general use is intended to facilitate the use, under appropriate conditions, of alternative systems that have been demonstrated to provide levels of environmental protection at least equivalent to those of conventional on-site systems.
(2) The Department shall certify an alternative system for general use when the Department determines that the applicant has demonstrated that the alternative system in general usage will provide a level of environmental protection at least equivalent to that of a conventional on site system designed and constructed in accordance with 310 CMR 15.100 through 15.255. Such demonstrations shall include the evaluation of broad scale field use in Massachusetts pursuant to 310 CMR 15.286, or comparable use in one or more states where relevant physical and climatological conditions are similar to those in Massachusetts. The required demonstration of comparable use in one or more states shall include, at a minimum, system use and system monitoring, and operation and maintenance information at least as comprehensive as the in-state protocols outlined in 310 CMR 15.280 through 310 CMR 15.288. When relying on system performance in other states, all available information including but not limited to a copy of the other state's written approval, testing and performance data shall be provided. The applicant shall be considered to have demonstrated effective performance of the out of state systems when the applicant has demonstrated to the Department's satisfaction that at least 90% of the systems have performed at a level at least equivalent to that of a conventional on-site system.
(3) The Department may establish any special conditions necessary, to ensure adequate protection of public health, safety, welfare and the environment in its certification of an alternative system for general use. Such conditions may include without limitation: specification of site or effluent characteristics; flow limitations; monitoring, testing, and reporting requirements; operation and maintenance contracting requirements; a requirement that a certified operator shall operate the system; or financial assurance mechanisms. The Department may also specify changes or modifications of requirements otherwise applicable to conventional systems that are appropriate for use of the alternative system.
(4) A Local Approving Authority may impose additional conditions on the use of alternative systems certified for general use under 310 CMR 15.000 only in accordance with regulations adopted pursuant to 310 CMR 15.003(3).
(5) Systems with performance superior to conventional systems:
1. (a) If the Department determines that an alternative system is more effective than conventional systems in removing nitrates, the Department shall establish the nutrient removal credit which will be allowed for use of such system pursuant to 310 CMR 15.217, based on the nutrient removal performance of the approved technology.
2. (b) In certifying an alternative system for general use, the Department may determine that any person wishing to use such system need not connect the facility to a sanitary sewer if such connection is or becomes feasible, if the performance of the alternative system will provide a level of protection to public health and safety and the environment that is at least equivalent to that of a sewer system.
(6) Prior to making a determination on an application for general use approval of a technology pursuant to 310 CMR 15.288, the Department shall publish notice of the application in the MEPA Environmental Monitor.
(7) Should the Department deny certification of the alternative system for general use, any person wishing to use such system may file a permit application for use of such alternative system pursuant to 314 CMR 5.00: Ground Water Discharge Permit Program. Denial under 310 CMR 15.288 shall not prejudice any action on an application pursuant to 314 CMR 5.00: Ground Water Discharge Permit Program.