Section 15.402 - Use of Local Upgrade Approvals or Variances(1) Local Upgrade Approvals may be granted by Local Approving Authorities without review by the Department for a required or voluntary upgrade of existing systems, including failed or nonconforming systems with design flows below 10,000 gpd and for existing systems required to be upgraded to Best Available Nitrogen Reducing Technology pursuant to 310 CMR 15.215(2)(a), in accordance with the terms and provisions of 310 CMR 15.402 through 15.405. Upgrade Approvals for required or voluntary upgrade of systems with design flows of 10,000 gpd or greater but less than 15,000 gpd which are failing to protect or are a significant threat to public health, and safety, welfare and the environment as set forth in 310 CMR 15.304 shall be approved by the Department.(2) Proposals for new construction or for increase in flow to an existing system other than in full compliance with 310 CMR 15.100 through 15.293 must seek and obtain a variance from the Approving Authority in accordance with the terms and conditions of 310 CMR 15.410 through 15.417.Amended by Mass Register Issue 1499, eff. 7/7/2023.Amended by Mass Register Issue 1501, eff. 7/7/2023.