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310 Mass. Reg. 15.020 : DEPARTMENT OF ENVIRONMENTAL PROTECTION — The State Environmental Code, Title 5: Standard Requirements for the Siting, Construction, Inspection, Upgrade and Expansion of On-site Sewage Treatment and Disposal Systems and for the Transport and Disposal of Septage — GENERAL PROVISIONS AND ENFORCEMENT — Disposal System Construction Permits
Text
(1)
No person shall construct, upgrade, modify or expand a system without a Disposal System Construction Permit which has been issued by the Approving Authority after the site evaluation set forth in
310 CMR 15.100
through
15.107
has been completed. In the event it is discovered during installation of the system that site conditions differ from those contained in the site evaluation and/or the approved design plans, the originally issued Disposal System Construction Permit is void, installation shall stop, and the applicant shall reapply for a new Disposal System Construction Permit. Except for subdivisions entitled to M.G.L. c. 111, § 127P protection, M.G.L. c. 40B comprehensive permit land, and large systems with approved plans or pursuant to a variance issued by the Department in accordance with
310 CMR 15.414
, a Disposal System Construction Permit shall not authorize increased design flow which would bring the total design flow to 10,000 gpd or greater. Disposal System Construction Permits shall be in a form approved by the Department.
(2)
Construction of all systems for which a Disposal System Construction Permit application has been approved by the local Approving Authority and/or the Department shall be completed, and the Certificate of Compliance obtained within three years of issuance of the final approval. Unless an extension pursuant to 310 CMR 15.020(3) is issued, the permit, and any variances or local upgrade approvals from
310 CMR 15.000
allowed therewith, shall expire if the work authorized by it is not completed within the three-year period.
(3)
The local Approving Authority or the Department may issue a written one year extension to the Disposal System Construction Permit required by 310 CMR 15.020(1) upon written request of the permittee, filed before the expiration date, and documenting the facts that prevent completion of the approved system within the time of the original permit. Only one extension may be granted.
(4)
The local Approving Authority shall not issue a Disposal System Construction Permit until any approval(s) required by the Department pursuant to
310 CMR 15.000
have been issued.
(5)
Any person required to obtain a permit pursuant to
310 CMR 15.000
shall complete and submit the appropriate application forms to the Approving Authority. As part of an application for a permit or approval, the Approving Authority may require the applicant to provide information and analyses as it may reasonably require to determine whether such applicant meets the requirements of
310 CMR 15.000
.
310 CMR 15.020
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