[Adopted 8-24-1999, effective 9-2-1999 (Section 13.00 of Part VIII of the 1991 Codification as updated through 6-1-1996)]
The purpose of this article is to protect groundwater from contamination, prevent the spread of disease and protect long-term potability of drinking water in areas served by private wells.
No on-site sewage system serving new construction in areas where the use of both on-site systems and drinking water wells serve or are proposed to serve the facility or facilities on abutting parcels shall be designed to receive or shall receive more than 440 gallons of design flow per acre per day from residential or commercial uses except and set forth in 310 CMR 15.216 (aggregate flows) or 15.217 (enhanced nitrogen removal).
In addition, no on-site sewage system serving new construction in areas where the user of both on-site systems and drinking water wells serve or are proposed to serve the facility or facilities on abutting parcels shall be designed to accept or shall accept a total sewage design flow of more than 2,000 gallons per day unless provided with a recirculating sand filter or equivalent alternative technology approved by DEP in accordance with 310 CMR 15.280 to 15.289.
For purposes of this regulation, the definition of new construction shall be the same as that defined in 310 CMR 15.002 and the design flow for a system shall be determined according to 310 CMR 15.203.
Variances may be granted when in the opinion of the Board of Health:
The person requesting a variance has demonstrated that enforcement of the regulation would be manifestly unjust, considering all of the relevant facts and circumstances of the individual case; and
The person requesting a variance has demonstrated that a level of environmental protection, that is at least equivalent to that provided by this regulation, can be achieved without strict application of this regulation from which a variance is sought.