1. (1) No person shall use equipment to remove or transport the contents of privies, cesspools, septic tanks or tight tanks unless such equipment has first been inspected and approved by the Approving Authority.
2. (2) Mobile tanks shall be securely mounted on trucks. They shall be watertight, equipped with necessary odor controls, provided with a leak proof cover and tight discharge valves.
3. (3) Mobile tanks shall be provided with a vent constructed in a manner that will permit the escape of gas, but not the liquid contents of the tank.
4. (4) Suction or pressure hoses shall be in good repair.

5. (5) Pumps shall be maintained in a condition that will prevent the leakage of septage.

   Appendix 1

Upon recording, mail to: Approving Authority

GRANT OF TITLE 5 COVENANT AND EASEMENT

(property served by Shared System)

310 CMR 15.290(2)(e)

This GRANT OF TITLE 5 COVENANT AND EASEMENT made as of this day of

, 20 , by , of , County, Massachusetts ("Grantor").

WITNESSETH

WHEREAS, Grantor being the owner(s) in fee simple of that [those] certain parcel(s) of [vacant]

land located in , County, Massachusetts, with the buildings and improvements thereon, pursuant to a deed from to Grantor, dated , and recorded with County Registry of Deeds in Book , Page [source of title other than by deed] and/or pursuant to Certificate of Title No. issued by the Land Registration Office of the County Registry District, said parcel(s) of land being more particularly bounded and described in Exhibit A, attached hereto and made a part hereof, and being shown on a plan entitled, " ", dated , prepared by , recorded with County Registry of deeds as Plan No. , in Plan Book and/or registered as Land Court Plan No. , on file with the Land Registration Office of County Registry District ("Property"); and

WHEREAS, there is appurtenant to and the Property has the benefit of a Shared System, as

defined in 310 CMR 15.002, said Shared System being located on a parcel(s) of [vacant] land located in , County, Massachusetts, with the buildings and improvements thereon, pursuant to a deed from to [or Grantor], dated , and recorded with County Registry of Deeds in Book , Page [source of title other than by deed] and/or pursuant to Certificate of Title No. issued by the Land Registration Office of the County Registry District, said parcel(s) of land being more particularly bounded and described in Exhibit B, attached hereto and made a part hereof, and being shown on a plan entitled, " ", dated , prepared by , recorded with County Registry of deeds as Plan No. , in Plan Book and/or registered as Land Court Plan No. , on file with the Land Registration Office of County Registry District ("Shared System Property"); and

WHEREAS, the Property has the benefit of a Shared System Easement, being more particularly

bounded and described in Exhibit C, attached hereto and made a part hereof, and being shown on a plan entitled, " ", dated , prepared by , recorded with County Registry of Deeds as Plan No. , in Plan Book and/or registered as Land Court Plan No. , on file with the Land Registration Office of County Registry District [or to be recorded/filed for registration herewith] ("Shared System Easement"); and

WHEREAS, the Shared System has been approved by the Local Approving Authority, as defined

in 310 CMR 15.002, in accordance with Title 5, 310 CMR 15.000, as amended ("Title 5"); said approval being based upon the agreement by Grantor to incur certain obligations regarding the construction, inspection, maintenance, upgrade and expansion of the Shared System and to grant to the Local Approving Authority a perpetual easement to construct, inspect, maintain, upgrade and expand any component of the Shared System and in connection herewith a perpetual easement to pass and repass over the Property and the Shared System Property for purposes of inspecting the Shared System to insure compliance with and fulfillment of the terms of this Covenant/Easement as hereafter set forth;

Appendix 1: continued

NOW, THEREFORE, pursuant to the provisions of 310 CMR 15.290, Grantor does hereby

GRANT to the Town/City of , a Massachusetts municipal corporation situated in County, having an address at , Massachusetts, acting through its Board of Health (" "), (also referred to herein as the Local Approving Authority), for nominal, non-monetary consideration, with QUITCLAIM COVENANTS, a TITLE 5 COVENANT AND EASEMENT ("Covenant/Easement") in, on, upon, through, over and under the Shared System Easement, the terms and conditions of which are as follows:

OBLIGATIONS AND EASEMENT

1. 1. Inspection and Pumping. Grantor agrees to have the Shared System inspected at least every three years by a System Inspector, as defined in 310 CMR 15.002, and pumped on an as needed basis, but in no event shall the Shared System be pumped less than every three years. The System Inspector shall submit the results of the inspection on a System Inspection Report (Appendix ) to the [Local Approving Authority] and to the Department of Environmental Protection (DEP) within 30 days of the Shared System's inspection. Grantor shall provide the [Local Approving Authority] and DEP with a copy of the receipt obtained from the duly registered septage hauler upon pumping of the Shared System within 30 days of the Shared System's pumping.
2. 2. Financial Assurance Mechanism. Grantor agrees to provide the [Local Approving Authority] and DEP with the financial assurance mechanism, naming the [Local Approving Authority] and DEP as additional beneficiaries, which shall provide for upgrade of the Shared System in the event the Shared System fails to protect public health and the environment pursuant to the criteria established in 310 CMR 15.303.
3. 3. Maintenance. The Grantor agrees to construct the Shared System such that the Sanitary Sewage, as defined in 310 CMR 15.002, from any Facility, as defined in 310 CMR 15.002, owned by Grantor may be denied access to the Shared System in the event Grantor fails to pay its proportionate share of the construction, inspection, maintenance, upgrade and expansion costs incurred by said Shared System.
4. 4. Easements. In creating this Covenant/Easement, Grantor hereby grants to the [insert Local Approving Authority], its agents, contractors, subcontractors and employees, a perpetual EASEMENT to enter upon and the right to bring equipment onto the Shared System Easement to do any and all acts deemed necessary to construct, install, lay, operate, maintain, inspect, upgrade, repair, remove, excavate, replace, and expand any component of the Shared System, together with a right to pass and repass by foot and by vehicle over the Shared System Easement for said purposes, including the removal and trimming of crops, vegetation, trees, or shrubs therefrom, and for purposes of inspecting the Shared System Easement to insure compliance with and fulfillment of the terms of this Covenant/Easement.
5. 5. Lien Authority of Local Approving Authority. For purposes of enforcing a lien against the Property and the Shared System Property, Grantor hereby agrees that the phrase "...land upon which the structure is or was located..." as used in the second paragraph of M.G.L. c. 111, § 127B shall include the Property and the Shared System Property, thereby authorizing the [insert Local Approving Authority] to impose a lien on either or both the Property and the Shared System Property in the event the [insert Local Approving Authority] has incurred debt in accordance with the provisions of M.G.L. c. 111, §127B.
6. 6. Severability. If any court or other tribunal determines that any provision of this instrument is invalid or unenforceable, such provision shall be deemed to have been modified automatically to conform to the requirements for validity and enforceability as determined by such court or tribunal. In the event the provision invalidated is of such a nature that it cannot be so modified, the provision shall be deemed deleted from this instrument as though it had never been included herein. In either case, the remaining provisions of this instrument shall remain in full force and effect.
7. 7. Enforcement. Grantor expressly acknowledges that a violation of the terms of this instrument could result in the following:

Appendix 1: continued

1. (i) upon determination by a court of competent jurisdiction, in the issuance of criminal and civil penalties, and/or equitable remedies, including, but not limited to, injunctive relief, such injunctive relief could include the issuance of an order to modify or remove any improvements constructed upon the Shared System Easement in violation of the terms of this Covenant/Easement; and
2. (ii) in the assessment of penalties and enforcement action by the Local Approving Authority and DEP to enforce the terms of this Covenant/Easement, pursuant to Title 5; M.G.L. c. 111, §§ 17, 31, 122, 124, 125, 125A, 127A through 127O, and 129; and M.G.L. c. 83, § 11.
3. 8. Provisions to Run with the Land. This Covenant/Easement sets forth rights, liabilities, agreements and obligations upon and subject to which the Shared System Easement or any portion thereof, shall be improved, held, used, occupied, leased, sold, hypothecated, encumbered, or conveyed. The rights, liabilities, agreements and obligations herein set forth shall run with the Property and the Shared System Property, as applicable thereto, and any portion thereof and shall inure to the benefit of and be binding upon Grantor and all parties claiming by, through or under the Local Approving Authority or Grantor. The rights hereby granted to the Local Approving Authority, its successors and assigns, constitute the perpetual right of the Local Approving Authority to enforce this Covenant/Easement and Grantor hereby covenants for himself/herself/itself and his/her/its executors, administrators, heirs, successors and assigns, to stand seized and hold title to the Property and the Shared System Property, as applicable thereto, and any portion thereof, subject to this Covenant/Easement, provided, however, that a violation of this Covenant/Easement shall not result in a forfeiture or reversion of Grantor's title to the Property or the Shared System Property, as applicable thereto.
4. 9. Concurrence Presumed. It being agreed that Grantor and all parties claiming by, through or under Grantor shall be deemed to be in accord with the provisions herein set forth and to agree for and among themselves and any party claiming by, through or under them, and their respective agents, contractors, sub-contractors and employees, that the Covenant/Easement herein established shall be adhered to and not violated and that their respective interests in the Property and the Shared System Property, as applicable thereto, shall be subject to the provisions herein set forth.
5. 10. Incorporation into Deeds, Mortgages, Leases and Instruments of Transfer. Grantor hereby agrees to incorporate this Covenant/Easement, in full or by reference, into all deeds, easements, mortgages, leases, licenses, occupancy agreements or any other instrument of transfer by which an interest in and/or a right to use the Property and the Shared System Property, or any portion thereof, is conveyed.
6. 11. Recordation. Grantor shall record and/or register this Covenant/Easement with the appropriate Registry of Deeds and/or Land Registration Office within 30 days of the latter of: receipt from the Local Approving Authority of the approved Covenant/Easement or the expiration of the 60-day constructive approval period granted to DEP pursuant to 310 CMR 15.293. Grantor shall file with the Local Approving Authority and the DEP a certified Registry copy of this Covenant/Easement as recorded and/or registered within 30 days of its date of recordation and/or registration.
7. 12. Amendment and Release. This Covenant/Easement may be amended or released only upon approval by the Local Approving Authority and DEP. Any such amendment or release shall be recorded and/or registered with the appropriate Registry of Deeds and/or Land Registration Office.
8. 13. Term. This Covenant/Easement shall run in perpetuity and is intended to conform to M.G.L. c. 184, § 26.

Appendix 1: continued

1. 14. Rights Reserved. This Covenant/Easement is granted to the Local Approving Authority in connection with the approval of a Shared System pursuant to 310 CMR 15.290 through 15.293. It is expressly agreed that acceptance of this Covenant/Easement by the Local Approving Authority or constructive approval of the Shared System by DEP shall not operate to bar, diminish, or in any way affect any legal or equitable right of the Local Approving Authority or DEP to issue any future order with respect to the Property and the Shared System Property, as applicable thereto, or in any way affect any other claim, action, suit, cause of action, or demand which the Local Approving Authority or DEP may have with respect thereto. Nor shall acceptance of this Covenant/Easement serve to impose any obligations, liabilities, or any other duties upon the Local Approving Authority. This Covenant/Easement shall become effective upon its recordation and/or registration with the appropriate Registry of Deeds and/or Land Registration Office.

WITNESS the execution hereof under seal this day of , 20 .

Grantor

COMMONWEALTH OF MASSACHUSETTS

, §§ , 20

Then personally appeared the above-named and acknowledged the foregoing instrument to be free act and deed before me.

Notary Public:

My commission expires:

The [insert Local Approving Authority] hereby approves this Grant of Title 5 Covenant and Easement (as to form only).

S))))))))))))))))Q

Date:

Local Approving Authority

REGULATORY AUTHORITY

310 CMR 15.000: M.G.L. c. 21A, § 13.