HOW LOCAL UPGRADE APPROVALS & VARIANCES ARE …€¦ · variances •Specifically eliminates new...
Transcript of HOW LOCAL UPGRADE APPROVALS & VARIANCES ARE …€¦ · variances •Specifically eliminates new...
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HOW LOCAL UPGRADE APPROVALS & VARIANCES ARE HANDLED UNDER TITLE 5
Claire A. Golden, EEIV, MassDEP
MEHA
On-site Wastewater for Local Environmental Health Officials
March 11, 2015
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DISCUSSION POINTS
• Regulations
• Process
• Title 5 Compliance
• Maximum Feasible Compliance & Local Upgrade Approvals
• Variances
• Appeals
• Closing Remarks
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REGULATIONS • Provides the framework for how to review/process LUA and variances
• Specifically eliminates new construction (including increased in flow) from LUA and requires variance (see 310 CRM 15.402(2)
• Maximum feasible compliance
• Contents of LUA
SUBPART E: PROCEDURES FOR SEEKING AND RECEIVING LOCAL UPGRADE APPROVALS AND VARIANCES FROM THE PROVISIONS OF SUBPARTS B AND C OF 310 CMR 15.00
310 CMR 15.401 - 310 CMR 1.5422
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DESIGN PLANSUBMITTED
T5 COMPLIANCE?
YESNO
NEWCONSTRUCTION?
YES
VARIANCE
DECISION
LUA?
NO
NO
YES
VARIANCEDECISION
DECISION
DECISION
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DESIGN PLANSUBMITTED
T5 COMPLIANCE?
FULLY COMPLYING SYSTEM
• 100% SAS – exceptions re: I/As
• 4 or 5 feet to gw
• 4 feet NOPM
• Reserve area, if new construction
• Meets nitrogen loading, if applicable
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DESIGN PLANSUBMITTED
T5 COMPLIANCE?
YES
DECISION
LOCAL BYLAW/REG
DENIAL
APPROVAL
NO
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LUA?
NONEW
CONSTRUCTION?
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MFC & LUA
• Goal is full compliance for upgrades• Fully complying system
• I/A
• Shared system
• Connection to municipal sewer
• If SI failure caused by one component, upgrade component
• If full compliance is not possible, LUA
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LUA
1. Property line setback*
2. Foundation, slab, swimming pool setback
3. 25% SAS area reduction;
4. If in Zone II or 100 feet of private well, relocation of the well
5. BVW setback
6. Various wetland resource areas
7. Water supply setback (line, well and surface WS/tributary)
8. Depth to groundwater**
Compliance must not be feasible [310 CMR 15.404(1)and 15.405(1)].
Best feasible upgrade.
Protection of water resources and treatment of the sewage should be emphasized.
Reductions are in the order they are to be considered.
* Notification to affected abutter(s), if
applicable, is required.
** Pre-conditions must be met.
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DEPTH TO GW LUA
ALLOWANCES
• For slower than 2 mpi soils, gw separation may be reduced from 4 feet to 5 feet provided….
• For faster than 2 mpi soils, gw separation may be reduced from 5 feet to 4 feet provided….
CONDITIONS
• A SE who is a member or agent of BOH determines ESHWL.
• The allowances are maintained.
• Existing system is failed or non-conforming with design flow < 2,000 gpd.
• No increase in design flow.
• No reduction in SAS area, setbacks to wells, BVS, wetland resource areas, PWS, surface water supplies, etc.
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LUA?
NONEW
CONSTRUCTION?
YES
DECISION
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LUA?
NO
YES
DECISION
NO
VARIANCE?
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DESIGN PLANSUBMITTED
T5 COMPLIANCE?
YESNO
NEWCONSTRUCTION?
YES
VARIANCE
DECISION
LUA?
NO
NO
YES
VARIANCEDECISION
DECISION
DECISION
YES
DECISION
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VARIANCES
• Standards of Review:
• Upgrades/Repairs
• New Construction
• Schools – still handled by MassDEP
• Process
• Conditioning of Variances
• Variance Prohibition – 4 feet NOPM
• Prohibited for new construction
• Permitted for upgrades/repairs with conditions
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STANDARDS OF REVIEW
• Upgrades/Repairs [310 CMR 15.410(1)]
• Proponent establishes that enforcement of the provision from which variance is sought would be manifestly unjust;
• Equivalent environmental protection is provided without strict enforcement of the provision from which variance is sought.
• New Construction [310 CMR 15.410(2)]
• Same as for upgrades/repairs PLUS
• Manifest unjust proof must include a demonstration that enforcement of the provision from which variance is sought would deny the proponent of substantially all beneficial use of the property
• Schools – still handled by MassDEP [310 MCR 15.416]
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PROCESS AND CONDITIONS
• Process
• Notification to abutters
• Public hearing
• Decision
• Approval
• Denial
• Conditions
• Monitoring and reporting
• Deed recording
• Financial assurances
• Anything else necessary to protect public health safety and the environment
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VARIANCE PROHIBITION
• Variance Prohibition – 4 feet NOPM
• Prohibited for new construction
• Permitted for upgrades/repairs with conditions
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•
DESIGN PLANSUBMITTED
T5 COMPLIANCE?
YESNO
NEW
CONSTRUCTION?
YES
VARIANCE
DECISION
LUA?
NO
NO
YES
VARIANCEDECISION
DECISION
DECISION
LOCAL BYLAW/REG
DENIAL
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APPEALSAny person aggrieved by any order, variance, issuance or denial of a Disposal System Construction Permit, Local upgrade approval or Certificate of compliance may appeal to a court of competent jurisdiction as provided for by he laws of the Commonwealth.
310 CMR 15.421
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•
MassDEP Contacts
CERO
David Boyer
508-767-2823
NERO
Claire Golden
978-694-3244
Wastewater Info Line
978-694-3215
SERO
Brian Dudley (Cape Office)
781-946-2814
Brett Rowe (Lakeville Office)
781-946-2754
WERO
Paul Nietupski
413-755-2218
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THANK YOU