Section 15.405 - Contents of Local Upgrade Approval(1) In granting local upgrade approvals pursuant to 310 CMR 15.404(3) where full compliance as defined in 310 CMR 15.404(1) is not feasible, the Approving Authority shall consider the impact of the proposed system and shall vary to the least degree necessary the requirements of 310 CMR 15.100 through 15.293 so as to allow for both the best feasible upgrade within the borders of the lot, and have the least effect on public health, safety, welfare and the environment. Under a local upgrade approval, the Approving Authority is allowed to diverge from the goal of full compliance only to the extent necessary to achieve a feasible upgrade and may allow divergence only from those provisions, and to the extent, as specified in 310 CMR 15.404(3) and 15.405(1). In determining whether full compliance is feasible, the Approving Authority should appropriately consider not only physical possibility as dictated by the conditions of the site, but also the economic feasibility of the upgrade costs. The Approving Authority should emphasize protection of water resources and treatment of the sanitary sewage. Absent conditions which would result in a different outcome based on best professional judgment, the options set forth below should be considered in the order in which they appear with 310 CMR 15.405(1)(a) being the first option to be considered and rejected or adopted and 310 CMR 15.405(1)(k) being the last option to be considered and rejected or adopted: (a) Reduction of system location setbacks otherwise established in 310 CMR 15.211 for property lines provided that the system is within the property lines, a survey of the property line is required if a component is to be placed within five feet of the property line, and no such reduction shall result in the soil absorption system being located less than ten feet from a soil absorption system on an abutting property;(b) Reductions of system location setbacks from cellar wall, crawl space, swimming pool, or slab foundations; an increase in the maximum allowable depth of system components required by 310 CMR 15.221(7), from 36 inches to 72 inches below finish grade, provided that adequate venting and adequate access are provided and H-20 loading is provided for all system components; a decrease in the liquid depth of the septic tank required by 310 CMR 15.223(2) from four feet to three feet;(c) Up to a 25% reduction in the required subsurface disposal area design requirements;(d) Where upgrade is required pursuant to 310 CMR 15.303(1) because it is within Zone I of public well or within 100 feet of private well, relocation of the well. Any relocation of a public well shall be performed pursuant to 310 CMR 22.00: Drinking Water (water supply source approval);(e) Reduction of system location setbacks from bordering vegetated wetlands;(f) Reduction of system location setbacks from surface waters, salt marshes, inland and coastal banks, certified vernal pools in accordance with 310 CMR 15.211(1) [2], leaching catch basins, dry wells, or surface or subsurface drains other than those which discharge to surface water supplies or tributaries thereto;(g) Reduction of system location setbacks from water supply lines, private water supply wells (but not within 50 feet of the well), tributaries to surface water supplies, surface water supplies, but not within 100 feet of the surface water supply or tributary thereto or open, surface or subsurface drains which discharge to surface water supplies or tributaries thereto;(h) the Approving Authority may reduce the required four foot separation (in soils with a recorded percolation rate of more than two minutes per inch) or the required five foot separation (in soils with a recorded percolation rate of two minutes or less per inch) between the bottom of the soil absorption system and the high groundwater elevation only if all of the following conditions are met: 1. An approved Soil Evaluator who is a member or agent of the local Approving Authority determines the high groundwater elevation;2. A minimum three foot separation (in soils with a recorded percolation rate of more than two minutes per inch) or a minimum four foot separation (in soils with a recorded percolation rate of two minutes or less per inch) between the bottom of the soil absorption system and the high groundwater elevation is maintained;3. The system is a failed or non-conforming system serving an existing building with a design flow of less than 2,000 gpd;4. No increase in design flow is allowed;5. No reduction in required soil absorption system size or setbacks from public or private wells, bordering vegetated wetlands, surface waters, salt marshes, coastal banks, certified vernal pools, water supply lines, surface water supplies or tributaries to surface water supplies, or drains which discharge to surface water supplies or their tributaries, is allowed. (i) A sieve analysis may be performed in accordance with Department guidance if a percolation test in accordance with 310 CMR 15.104 and 15.105 can not be performed as determined by the Approving Authority;(j) Reduction of the requirement of a 12 inch separation between the inlet and outlet tees and high groundwater, provided that all boots or pipe joints are sealed with hydraulic cement or installed with watertight sleeves and the tank is proven watertight. Expandable foam spray is not an acceptable alternative for sealing pipe joints; or(k) At least one deep hole has been performed in the proposed disposal area and it has been determined by the Approving Authority that the deep hole adequately characterizes the soils for the purpose of designing the soil absorption system.(2) No application for a local upgrade approval in which the setback from property lines or a private water supply well is reduced shall be complete until the applicant has notified all abutters whose property or well is affected by certified mail at his or her own expense at least ten days before the Board of Health meeting at which the upgrade approval will be on the agenda. The notification shall reference the standards set forth in 310 CMR 15.402 through 15.405 and indicate the date, time and place where the upgrade approval will be discussed.(3) If the system cannot be upgraded in accordance with 310 CMR 15.404 and 15.405(1) the owner shall:(a) obtain a groundwater discharge permit pursuant to 314 CMR 5.00: Ground Water Discharge Permit Program;(b) apply to the Approving Authority to use a tight tank in accordance with the provisions of 310 CMR 15.260;(c) apply for a variance pursuant to 310 CMR 15.410 through 15.415; or(d) abandon the system in compliance with 310 CMR 15.354.(4) Nothing in 310 CMR 15.405 shall authorize violation of M.G.L. c. 131, § 40 and 310 CMR 10.00: Wetlands Protection, or any other applicable provision of law.Amended by Mass Register Issue 1499, eff. 7/7/2023.Amended by Mass Register Issue 1501, eff. 7/7/2023.