Section 15.411 - Process for Seeking a Variance from Local Approving Authorities(1) The Local Approving Authority shall review requests for variances as follows.(a) Every request for a variance shall be in writing, shall make reference to the specific provision of 310 CMR 15.000 for which a variance is sought, and shall include a statement demonstrating compliance with 310 CMR 15.410.(b) No application for a variance shall be complete until the applicant has notified all abutters by certified mail at his or her own expense at least ten days before the Board of Health meeting at which the variance request will be on the agenda. The notification shall reference the specific provisions of 310 CMR 15.000 from which a variance is sought, a statement demonstrating compliance with 310 CMR 15.410, and the date, time and place where the application will be discussed.(2) Emergency repairs pursuant to 310 CMR 15.353 may be performed prior to seeking a variance. The owner of the system shall seek a variance within 14 days of commencement of the emergency repairs.(3) Any variance allowed by the Local Approving Authority shall be in writing. Any denial of a variance shall also be in writing and shall contain a brief statement of the reasons for the denial. A copy of each variance shall be conspicuously posted for 30 days following its issuance; and shall be available to the public at all reasonable hours in the office of the city or town clerk or the office of the Board of Health while it is in effect.(4) A request for a variance for a residential facility with four units or less, as described in M.G.L. c. 111, § 31E, shall be deemed constructively approved by the Local Approving Authority if the Local Approving Authority does not act upon it within 45 days of receipt of a complete application.(5) With the exception of those watersheds (Ware, Quabbin and Wachusett) to which the provisions of 350 CMR 11.00: Watershed Protection apply, Local Approving Authorities may, after consultation with the local water supplier, issue variances for the siting of systems within the setbacks from surface water supplies, or from tributaries to surface water supplies, and may exempt tributaries consistent with the standards and procedures of 350 CMR 11.00: Watershed Protection without Department approval, provided that no such variance or exemption shall result in: the siting of a septic tank or soil absorption system within 200 feet of said surface water supplies or 100 feet of said tributaries; or siting of a septic tank within 25 feet or a soil absorption system within 50 feet of any surface water. Copies of all such variances and exemptions of tributaries shall be submitted to the Department by the Local Approving Authority within 30 days of issuance.Amended by Mass Register Issue 1499, eff. 7/7/2023.Amended by Mass Register Issue 1501, eff. 7/7/2023.