HomeMy WebLinkAboutCorrespondence - 445 BOSTON STREET 8/19/2002 COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
M
DEPARTMENT OF ENVIRONMENTAL PROTECTION
� d
W
Metropolitan Boston®Northeast Regional Office
Sy
BOB DURAND
JANE SWIFT Secretary
Governor
LAUREN A.LISS
Commissioner
August 19,2002
Thomas P.and Maureen Connolly
445 Boston Street
North Andover,Massachusetts 01845
RE: STATEMENT OF TECBMCAL DEl!ICIENCY
Application for BRPWP59b. Title 5 Variance
445 Boston Street,North Andover(17-Ipswich)
DEP Transmittal No.W029553
Dear Mr.and Mrs.Connolly:
The Metropolitan Boston-Northeast Regional Office of the Department of Environmental Protection
has received and reviewed your application for approval of a variance pursuant to 310 CMR 15.4 1.0 and 310
CMR 15.412 with the above transmittal number.
The application contained written notification, dated July 15,2002,stating that the North Andover
Board of Health had,on June 27,2002,approved variance to the following provision of the State
Environmental Code:310 CMR 104(4)as it relates to percolation testing.
Accompanying the application were plans consisting of two(2)sheets,titled as follows:
Title: Subsurface Septic Disposal System Upgrade
Location: 445 Boston Street
Municipality: North Andover
Applicant: Thomas P.Connolly
Designer: Michael G.O'Neill,P.E.(Civil)No.27916
Date(Last Revision): April 12,2002(July 19,2002)
An engineer of the Department has reviewed the application and accompanying information,and it is
the opinion of the Department that the request for approval of this system cannot be approved at this time
for the following reason:
e The Alternative to Percolation Testing Policy,BRP/DWM1PeP-P00-4,dated September 8,2000,
requires that applications for percolation variances include the Soil Evaluator's determination,
along with the written concurrence of the Board of Health,as to whether the soils are
uncompacted or compacted. The Soil Evaluator's determination has been submitted. At the time
of soil testing,a consultant for the North Andover Board of Health witnessed the testing on the
This information is available in alternate format by calling our ADA Coordinator at(617)574-6872.
205A Lowell St. Wilmington,MA 01887 o Phone(978)661-7600 o Fax(978)661-7615 o TfD#(978)661-7679
QPrinted on Recycled Paper
Thomas P. and Maureen Connolly Page 2
August 19,2002
Board's behalf. The Department requires submittal of written documentation from the Board or
it's consultant that the Board's consultant concurs on the Soil Evaluator's determination of the soil
compaction.
In the opinion of the Department,the requirements for the approval of this variance as specified in 310
CMR 15.410 and 310 CMR 15.412 have not been satisfied based upon the information received to date.
The applicants have not proved that the same degree of environmental protection provided by a fully
complying Title 5 system can be provided by the proposed system with variance at this location or that
denial of the requested variance would be manifestly unjust.
In accordance with 310 CMR 4.00,you have sixty(60)days from the postmarked date of this letter in
which to address the listed deficiencies. Within the sixty(60)day time frame,the applicants are advised to
allow for the appropriate Board of Health action on the revised submittal since the Department of
Environmental Protection's subsequent action may be its final action and,therefore,any further filing in this
matter would be considered a NEW application. If the applicants cannot accommodate the schedule of the
Board of Health within the sixty(60)day period,or for any other reason requires additional time,the
applicants may,by written agreement with this Department,extend this schedule in accordance with 310
CMR 4.04(2)(f).
The applicants are also advised that when the Department receives the new information,it will initiate a
second technical review,and has an additional sixty(60)days to rule upon the application. Should the
application be deemed to be deficient for a second time,the application will be denied.
If the applicants elect to proceed on the record as it now stands,this letter constitutes a denial of this
application and the requested variance. Any person aggrieved by the variance decision of the Department
of Environmental Protection may request an adjudicatory hearing on that determination in accordance with
310 CMR 1.00 and M.G.L. c.30A.
The enclosed Supplemental Transmittal Form should be completed and included as a cover sheet with
any future submittal to the Department relating to the above matter. You need only correspond to the
Northeast Regional Office at the above address.
If you have any questions regarding this matter,please contact Claire A.Golden at(978)661-7743.
Very truly yours,
Madelyn Morris
Deputy Regional Director
Bureau of Resource Protection
MM/CAG/cg
\2002variances l\w029553tdl
Enclosure
cc: • Sandra Starr,R.S.,Health Director,Health Department,27 Charles Street,North Andover,MA 01845
• Michael G.O'Neill,P.E.,O'Neill Associates,234 Park Street,North Reading,MA 01864
Massachusetts Department of ®r n a tal Protection
Supplemental Transmittal Form
.(to accompany supplemental material to previously submitted applications)
�I. Obtain from the upper right hand corner of the,original appli"ca ton
's
Transmittal :Transrniftal'Forrn. ,
r,
"Number:.
W029553
2.. (a) :Facility Name: (b) Facility Address:
Facili#y
Information Connolly Residence 445 Boston Street
c) Facilit . Town/City d .Telephone Number::.
North Andover (978) 698-7310
.3. (a) Permit Name: `(b) Permit Code: (from oriainal.aoolication)'
Permit
Information 'Title 5 Variance BRPWP59b
c EOEA(MEPA file#: d Tele hone Number:
`Response to=Requesf ® (b). Response to Statement of
Check for Additional information `:Deficiency
Reason for [ _ (c) .Supplemental Fee ❑ (d) ,Withdrawal of Application
Su lemental.,
pp Pa rne�nf
Subm�ss"",ion . e 'Other leases ecif below).
5 - (a) Name of,in dividual ar ftrrn (b)'i4ffiltation wit h application e.
:F prepa nn this submission a licant; consulfant to;a licant :`.
Prepared:b�1
c Contact Name (d Contact Telephone#.
Revised 11/99
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
M DEPARTMENT OF ENVIRONMENTAL PROTECTION
d
Metropolitan Boston—Northeast Regional Office
5�0
JANE SWIFT
Governor BOB DURAND
Secretary
LAUREN A.LISS
Commissioner
September 9,2002
Thomas P. and Maureen Connolly
445 Boston Street
North Andover,Massachusetts 01 845
Re: Approval of Title 5 Variance for existing construction(BRPWP59b)
Variance from Percolation Testing requirement
445 Boston Street,North Andover(17-Ipswich)
DEP Transmittal No.W029553
Dear Mr.and Mrs:,Connolly:
Pursuant to Title 5 of the State Environmental Code, 310 CMR 15.412,the Northeast Regional Office
of the Department of Environmental Protection has completed its review of the above referenced
application for approval of a variance granted by the North Andover Board of Health.
The application contains a copy of the Board of Health's grant of a variance from the following
provision of Title 5,310 CMR 15.000:
• 310 CMR 15.104 Percolation Testing.
Accompanying the application were plans consisting of two(2)sheets,titled as follows:
Title: Subsurface Septic Disposal System Upgrade
Location: 445 Boston Street
Municipality: North Andover
Applicant: Thomas P.Connolly
Designer: Michael G. O'Neill,P.E.(Civil)No.27916
Date(Last Revision): April 12,2002(July 19,2002)
Based upon its review of the application,and in accordance with 310 CMR 15.410,the Department
has determined both of the following:
a) The applicants have established that enforcement of 310 CMR 15.104 would be manifestly unjust,
considering all of the relevant facts and circumstances of this case.
A percolation test could not be performed because of high groundwater.
This information is available in alternate format by calling our ADA Coordinator at(617)574-6872.
205A Lowell St. Wilmington,MA 01887 . Phone(978)661-7600 • Fax(978)661-7615 . TTD#(978)661-7679
10 Printed on Recycled Paper
Thomas P. and Maureen Connolly Page 2
September 9,2002
b) The applicants have established that a level of environmental protection that is at least equivalent to
that provided under 310 CMM 15.000 can be achieved without strict application of 310 CMR 15.104
and 15.105. The applicants have established equivalent environmental protection as follows:
A particle-size soil analysis in conformance with the Alternative Percolation Testing Policy was
performed and, along with an evaluation of soil compaction, was used to determine soil
classification, the effluent loading rate, and the design of the system. The system is designed in
accordance with that policy. The soil was found to be an uncompacted till comprised of loamy sand;
a Class I material. The soil evaluation had determined the material to be sandy loam, a Class II soil.
The designer elected to be conservative. Based on that information, the system was designed with a
Long Term Acceptance Rate of 0.33 gallons per day per square foot.
The Department,therefore,approves the Board of Health's grant of a variance from 310 CMR
15.104.
Additionally,the Department imposes the following conditions as part of this approval:
1) The applicants shall obtain a Disposal System Construction Permit(DSCP)from the North Andover
Board of Health prior to commencement of construction of the system.
2) The system is not designed to accommodate a garbage disposal. As such, one shall not be used or
.installed at this facility.
3) There shall be no increase in design flow to the upgraded subsurface sewage disposal system. The
design flow for the facility is 440 gpd. The facility consists of a four-bedroom house.
4) At the time of construction, if groundwater has receded to a point where percolation testing is
feasible in the opinion of the local approving authority, then confirmatory percolation testing must be
conducted and, if necessary, the system design revised based on the actual percolation rate.
S) A copy of the as-built plans must be submitted to the Department within 30 days of the date of
issuance of the Certificate of Compliance from the Northqeai,if°g Board of Health.
6) Should this upgraded system fail, the owner(s)shall immediately notes the local Board of Health
and the Department.
7) The applicants shall record in the appropriate Registry of Deeds or Land Registration Office,prior to
the issuance of the Certificate of Compliance, a copy of this approval letter in the chain of title to the
property to be served by the system.
This variance determination is an action of the Department. If the applicants are aggrieved by this
determination, they may request an Adjudicatory Hearing in accordance with 310 CAM 1.00 and M.G.L.
C.30A. A request for an Adjudicatory Hearing must be made in writing and postmarked within 30 days of
the date of issuance of this determination. Pursuant to 310 CMR 1.01(6), the request must state clearly and
concisely the facts that are grounds for the request and the relief sought.
The hearing request, along with a valid check payable to Commonwealth of Massachusetts in the
amount of one hundred dollars ($100.00), must be mailed to:
Commonwealth of Massachusetts
Department of Environmental Protection
P.O. Box 4062
Boston, MA 02211
Thomas P. and Maureen Connolly Page 3
September 9,2002
The hearing request will be dismissed if the filing fee is not paid, unless the appellant is exempt or
granted a waiver, as described below. The filing fee is not required if the appellant is a city or town(or
municipal agency), county, or district of the Commonwealth of Massachusetts, or a municipal housing
authority. The Department may waive the adjudicatory hearing filing fee for a person who shows that
paying the fee will create an undue financial hardship. A person seeking a waiver must file, together with
the hearing request as provided above, an affidavit setting forth the facts in support of the claim of undue
financial hardship.
Should you have any questions regarding this matter, please contact Claire A. Golden, of my staff, at
(978)661-7743.
Very truly yours,
Madelyn Morris
Deputy Regional Director
Bureau of Resource Protection
MM/CAG/cag
\2002variances l\w029553 app
cc: • Sandra Stair,R.S.,Health Director,Health Department,27 Charles Street,North Andover,MA 01845
• Michael G.O'Neill,P.E.,O'Neill Associates,234 Park Street,North Reading,MA 01864
• DEP/Watershed Permitting Program/Title 5 Section/Boston
Massachusetts Department of Environmental Protection
Bureau of Resource Protection— Watershed Permitting Program
d
TITLE 5 PROGRAM
M.G.L. c.21 §§ 26-53,310CMR 15.000
For Reduction in Sampling or Inspection of I/A Systems
ATTENTION. Thomas Connoll h
IMCreneralln ormation
OWNER NAME: Thomas Connolly DEP FACILITY ID: 21762
OWNER ADDRESS: 445 Boston Street,North Andover,MA 01845
LOCATION OF I/A SYSTEM: 445 Boston Street,North.Andover,MA 01845
C Alternative On-Site System Sany2lii!g and Ins eetion
The DEP, Watershed Permit ling Program records indicate that the system serving your facility is a :
Single Home FAST emedial Use Approval ❑Piloting Approval ❑ Provisional Use Approval ❑ Certification for
General Use requiring that throughout its life, the Single Horne FAST system shall be under a maintenance agreement and
inspected,
❑Monthly [ Quarterly and the ❑ influent and effluent shall be monitored for
❑ flow �H �OD p'TSS ❑ Total Nitrogen ❑ Other as specified in either the facility
approval letter for your system or as required by the Department's IA Technology Approval.
All facilities shall submit monitoring results to the Department.
A roval/Denial o Reduction in Sa!Mling and Ins eetion.
Fro the date of issuance of this notice,you may take the following actions:
Reduce sampling from four times to once per year.
❑ Reduce sampling to twice per year,once two weeks after startup and once within two weeks of shutdown of system.
❑ Reduce sampling to once per year,within two weeks of shutdown
❑ No sample reduction; system is a General Use system, sampling is not required by the Department,contact your local
BOH to determine their requirements.
❑ Reduced sampling denied,continue sampling per your approval,results of sampling indicate potential problems,the system is not
meeting the permit limits for the following parameters - . Contact your O&M contractor.
❑ Reduced sampling denied due to insufficient data,continue sampling per the Approval letter.
❑ Reduced sampling denied ,this large alternative wastewater treatment system,with a design flow of approximately 440 gallons per
day, requires inspection and effluent monitoring at least quarterly-continue sampling er the Approval letter.
Continue inspections per the Approval letter.
❑ Reduce inspections to twice per year, once two weeks after startup and once within two weeks of shutdown.
Submit the required inspection and sampling data by; January 31"for the previous calendar year,or
❑ September 30`}'for the previous twelve months,or❑ March I"for the previous calendar year
If the concentration of BOD and TSS (and/or TN)in the annual effluent sample from your system exceeds the 30 mg/L(or 19 mg/L)
limits,then within 45 days of the annual sample you must both Have your system sampled again and submit the results to the Department.
Provided that the second sample meets the 34mg/L(and/or 19 mg/L)limits for BOD,TSS (and/or TN),you may resume annual
monitoring of your system. However,if the second sample does not meet the 30mg/L(and/or 1.9 mg/L)limit for BOD,TSS (and/or TN),
you must resume sampling your system four times per year. Following four consecutive samples demonstrating the system meets the 30
mg/L (and/or 19 mg/L)limits for BOD and TSS (and/or TN),the Department would favorably consider another written request to reduce
monitoring. TN limits only apply to those systems located in a.Title 5 defined nitrogen sensitive area
All information shall be submitted to: DEP Boston Office,Title 5 Program, One Winter Street/61"Floor,Boston,MA 02108
o Local Corn liance Issues
These changes are conditioned upon your compliance with the Approval and the requirements of this notice. Please be aware the
change(s) does not apply to local requirements. You should discuss any changes from local requirements, if any apply to your
system,with your local Board of Health. You should check with the local Board prior to reducing inspection, sampling and
reporting to ensure that any reduction is consistent with any local requirements.
If you have any questions please contact: Dana Hill at (617) 292-5867
DATE ISSUED: {Signature} {Title}
CC:North Andover Board of Health and Wastewater Treatment Services,Inc.,44 Commerical Street,Raynham, MA 02767