HomeMy WebLinkAboutCorrespondence - 385 RALEIGH TAVERN LANE 11/27/2001 q.
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COMMONWEALTH OF MASSACHUSETTS
—. — EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
1�
Metropolitan Boston—Northeast Regional Office
JANE SWIFT BOB DURAND
Governor
Secretary
LAUREN A.LISS
Commissioner
October 30, 2001
John & Martha Sefarian
385 Raleigh Tavern Lane
North Andover, MA 01845
RE: STATEMENT OF ADMINISTRATIVE DEFICIENCY AND CHANCE OF PERMIT CATEGORY
Application for BRPWP59b-Approval of a Variance Granted by the Board of Health
385 Raleigh Tavern Lane, North Andover(13a-Merrimack)
DEP Transmittal No.W024093
Dear M/M Sefarian:
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 15.000 with the
above transmittal number.
Accompanying the application were plans consisting of two(2)sheets, titled as follows:
Title: Plan Showing Proposed Subsurface Sewage Disposal System
Location: 385 Raleigh Tavern Lane
Municipality: North Andover
Applicant: John& Martha Sefarian
Designer: Richard C. Tangard, P.E. No. 13021
Date(Last Revision):August 16, 2001 (October 17, 2001)
This application requests approval of an upgrade utilizing an alternative technology, specifically a
Bio-Microbics, Inc., MicroFAST° Model 0.5 Treatment System. It would appear that site constraints preclude
complete compliance with all aspects of the Remedial Use Approval for the technology proposed.
As part of the Remedial Use Approval for the Bio-Microbics, Inc., MicroFAST° Model 0.5 technology,
only one of the three listed design standards can be relaxed in accordance with the approval. The three
design standards from which to choose are: reduction of the area, by up to fifty(50) percent, in the required
soil absorption system (SAS); reduction in the separation to high groundwater; and reduction in the depth of
naturally occurring pervious material. The reduction in the depth of naturally occurring pervious material from
four(4)feet to two(2)feet was the design standard chosen. The reduction in the depth of the naturally
occurring pervious material to less than two feet, 20 inches, results in a permit category becoming
BRPWP64c, instead of BRPWP59b, as noted on the application.
The Department has noted several administrative deficiencies that must also be addressed prior to
the Department's technical review:
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 a Fax(978)661-7615 . TTD#(978)661-7679
gyp' Printed on Recycled Paper
• Please note that two Supplemental Transmittal forms have been enclosed with this deficiency letter.
One has been filled out, Section 4c, and should be submitted with any additional payment to the Boston
lock-box and the other form has been filled out, Section 4b, to be used for all submittals to this office.
This is explained further under the next two bulleted items.
• The fee for a BRPWP64c application is$300. This amount is$100 greater than the$200 fee for a Title
5 variance request. A Supplemental Transmittal Form, specifically noted for permit payment,Section 4c,
has been enclosed for your use. Please make the check payable to the Commonwealth of
Massachusetts and remit along with this enclosed Supplemental Transmittal Form to:
Commonwealth of Massachusetts
Department of Environmental protection
P.O. Box No. 4062
Boston, MA 02211
Please write the Transmittal: Number on the front of the check.
• A BRPWP64c application form has been enclosed and has also been forwarded with a copy of this letter
to your consultant. This form should be filled out along with a second Supplemental Transmittal Form,
specifically noted for the submittal of the new application, Section 4b, and submitted to this office.
• The Department requires the signature of either applicant on the enclosed permit application form,
BRPWP64c, or a signed letter from one of the applicants stating that Richard C. Tangard or Benjamin C.
Osgood, Jr., may act as the applicants' agent and has permission to sign for the applicants.
In accordance with 310 CMR 4.00, you have one hundred eighty(180)days from the postmarked
date of this letter in which to address the listed deficiencies. Within the one hundred eighty(180)day time
frame, the applicant is 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 applicant cannot accommodate
the schedule of the Board of Health within the one hundred eighty(180)day period, or for any other reason
requires additional time, the applicant may, by written agreement with this Department, extend this schedule
in accordance with 310 CMR 4.04(2)(f). The applicant is also advised that when the Department receives the
new information, it will initiate a second administrative review.
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 additional information is required, contact George A. Kretas at(978)661-7744.
Very truly yours,
Madelyn Morris
Deputy Regional Director
Bureau of Resource Protection
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enclosures(Two Supplemental Transmittal Forms&BRPWP64c Application Form)
cc: -Sandra Starr, R.S.,Office of the Health Department,27 Charles Street, North Andover,MA 01845
-Benjamin C.Osgood,Jr.,E.I.T., New England Engineering Services, Inc.,60 Beechwood Drive,
North Andover, MA 01845,w/enclosures
-BRPMastewater Management Program/Title 5 Section/Boston
COMMONWEALTH OF MASSACHUSETTS
r w EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
M d DEPARTMENT OF ENVIRONMENTAL PROTECTION
b a Metropolitan Boston—Northeast Regional Office
s'+e
JANE SWIFT BOB DURAND
Governor w Secretary
LAUREN A.LISS
Commissioner
November 8, 2001
John & Martha Sefarian
385 Raleigh Tavern Lane
North Andover, MA 01845
RE:APPROVAL OF INSTALLATION OF AN ALTERNATE SYSTEM FOR REMEDIAL USE(BRPWP64c)
386 Raleigh Tavern Lane,,North Andover(13a-Merrimack)
DEP Transmittal No.W024093
Dear M/M Sefarian:
The Metropolitan Boston-Northeast Regional Office of the Department of Environmental Protection
has received and reviewed your application for approval of the installation of an alternate system for remedial
use pursuant to 310 CMR 15.000 with the above transmittal number. This application is for an upgrade of an
existing failing system. No increase in design flow is proposed.
The application contained written notification, dated October 12, 2001, that the North Andover Board
of Health had approved the proposed system where use of a Bio-Microbics, Inc., MicroFAST°Model 0.5
Treatment System is proposed. The reduction of the depth of naturally occurring permeable soil under the
soil absorption system (SAS)from the required four(4) feet to less than two(2)feet, 20 inches, has been
proposed. This proposal exceeds what is allowed under the Remedial Use Approval for this technology and
results in this application's classification as a BRPWP64c.
Accompanying the application were plans consisting of two(2)sheets titled as follows;
Title: Plan Showing Subsurface Sewage Disposal System
Location: 385 Raleigh Tavern Lane
Municipality: North Andover
Applicant: John &Martha Sefarian
Designer: Richard C. Tangard, P.E. No. 13021
Date(Last Revision): August 16, 2001 (October 17, 2001)
An engineer of the Department reviewed the plans and the accompanying data, and it is opinion of
the Department that the plans are in compliance with 310 CMR 15.000,
It is the opinion of the Department that the requirements for the approval of this alternative
technology, in accordance with 310 CMR 15,000 have been satisfied. The following paragraph outlines the
Department's findings relative to equal environmental protection as they relate to the alternative technology,
which the Department hereby approves.
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 o Fax(978)661-7615 o TfD#(978)661-7679
0 Printed on Recycled Paper
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The proposed alternative treatment technology, MicroFASr Model 0.5 Treatment System,will
provide enhanced treatment of the effluent prior to discharge. The effluent's strength will be reduced below
that of a standard septic tank effluent. Site constraints, such as size, ledge, and poor soil conditions result in
that there being no other area on the property that can provide sufficient naturally occurring permeable soil.
Given the enhanced treatment and pressure distribution, the proposed system will provide a level of
environmental protection equivalent to that of a conventional Title 5 system constructed in accordance with
the Code.
As part of its approval, the Department will require that the following conditions are complied with by
the applicant and all subsequent owners or this approval be rendered null and mid:
- The use of the distribution box(D-box)shall nQt proceed as outlined on the design plans. A
brick invert shall be constructed in the D-box that will channel flow through the D-box and the
change of direction to the outlet pipe and septic tank.
- Prior to construction, the applicant must obtain a Disposal System Construction Permit(DSCP)
from the North Andover Board of Health.
- The applicant(or owner)shall abide by all the requirements of the August 13, 2001 Department
approval for remedial use of the Bio-Microbics, Inc., MicroFASr Model 0.5 Treatment System.
- Throughout its life, the system shall be under a maintenance agreement with no less than a one-
year contract. The owner/operator shall at all times properly operate and maintain the system.
- The system is not designed to accommodate a garbage disposal. As such, one should not be
installed or used at this dwelling.
- It is the responsibility of the applicant to assure that the approved plans are available at the site
during construction.
The special conditions, outlined above, in no way should be viewed as superseding any conditions
imposed by the North Andover Board of Health. The above conditions are meant to supplement any the
conditions imposed upon the facility.
If you have any questions or additional information is required, please contact George A. Kretas at
(978)661-7744.
Sincerely,
�y-4-611�1 /41
Madelyn Morris
Deputy Regional Director
Bureau of Resource Protection
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cc:-Sandra Starr, R.S., Office of the Health Department, 27 Charles Street, North Andover, MA 01845
-Richard C.Tangard, P.E., New England Engineering Services, Inc.,60 Beechwood Drive,
North Andover, MA 01845
-BRPMastewater Management Program/Title 5 Section/Boston
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
ONE WINTER STREET, BOSTON, MA 02108 617-292-5500
MITT ROMNEY ELLEN ROY HERZFELDER
Governor Secretary
KERRY HEALEY EDWARD P.KUNCE
Lieutenant Governor Acting Commissioner
June 12, 2003
Jeremy DeBonet
385 Raleigh Tavern Lane
N. Andover, MA 01846
Re: Alternative On-site Sewage Treatment
Sampling Reduction Request
DEP Facility ID: W024093
385 Raleigh Tavern Lane,N.Andover
Dear Mr. DeBonet:
The Department has received a request from Wastewater Treatment Services, Inc, dated,
January 17, 2003 providing information on the performance of the above referenced alternative on-
site sewage disposal system(system) and requesting a reduction or elimination of effluent
monitoring and reporting on a quarterly basis on this system.
The Department,having reviewed the monitoring data for this technology, in general, and
your system, approves the request to reduce effluent monitoring of the system,from four times to
one time per year. The change in monitoring requirements in no way changes the requirement
that,throughout its use,the system shall be under an operation and maintenance agreement with a
person or film qualified to provide services consistent with the system's specifications. The
operator must maintain the system at least every three months and anytime there is an alarm
event. Additionally, as required by the Approval for the system, any time the operator changes, you
shall notify the Department and the local approving authority,in writing,within seven days of such
change.
Please note that the Department is now requiring the use of a DEP approved inspection
form and technology checklist. A copy of these forms,the"DEP Approved Inspection and
O&M Form for Title 5 I/A Treatment and Disposal Systems" and the FAST O&M Checklist,
must be submitted to the Department and local Board of Health for each O&M inspection
performed. The certified operator under contract to operate and maintain the system must
complete these forms. Enclosed are copies of these forms.
This information is available in alternate format.Call Aprel McCabe,ADA Coordinator at 1-617-556-117L TDD Service-1-800-298-2207.
DEP on the World Wide Web: http://www.mass.gov/dep
�� Printed on Recycled Paper
\ COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
ONE WINTER STREET, BOSTON, MA 02108 617-292-5500
JANE SWIFT BOB DURAND
Governor Secretary
LAUREN A.LISS
Commissioner
APPROVAL FOR REMEDIAL USE
Pursuant to Title, 310 CMR 15.00
Name and Address of Applicant:
Bio-Microbics, Inc,
8450 Cole Parkway
Shawnee,KS 66227
Trade name of technology and model: MicroFAST Treatment System Models MicroFAST 0.5,
0.9, 1.5, 3.0, 4.5 and 9.0;HighStrengthFAST Treatment System Models HighStrengthFAST 1.0,
1.5, 3.0, 4.5 and 9.0 and NitriFAST Treatment System Models NitriFAST 0.5, 1.0, 1.5, 3.0, 4.5
and 9.0 (hereinafter called the "System"). Schematic drawings of each model are attached and are
a part of this Approval.
Date of Application: March 16, 2001
Transmittal Number: W 019013
Date of Issuance: August 13, 2001
Expiration date: August 13, 2006
Authority for Issuance
Pursuant to Title 5 of the State Environmental Code, 310 CMR 15.000, the Department of
Environmental Protection hereby issues this Approval for Remedial Use to: Bio-Microbics, Inc.,
8450 Cole Parkway, Shawnee, KS 66227 (hereinafter "the Company"), approving the System
described herein for Remedial Use in the Commonwealth of Massachusetts. Sale and use of the
System are conditioned on compliance by the Company and the System owner with the terms and
conditions set forth below. Any noncompliance with the terms or conditions of this Approval
constitutes a violation of 310 CMR 15.000.
Glenn Haas,Acting Assistant Commissioner Date
Bureau of Resource Protection
Department of Environmental of Protection
This information is available in alternate format by calling our ADA Coordinator at(617)574-6872.
DEP on the World Wide Web: http://www.state.ma.us/dep
i,) Printed on Recycled Paper
Bio-Microbics Remedial Use Approval MicroFAST,HighStrengthFAST and NitriFAST
I. Purpose
1. The purpose of this approval is to allow use of the System in Massachusetts, on a Remedial
Use basis.
2. With the necessary permits and approvals required by 310 CMR 15.000, this Approval for
Remedial Use authorizes the use and installation of the System in Massachusetts.
3. The System may only be installed on facilities that meet the criteria of 310 CMR 15.284(2).
4. This Remedial Use Approval authorizes the use of the System where the local approving
authority finds that the System is for upgrade of a failed, failing or nonconforming system and
the design flow for the facility is less than 10,000 gallons per day ( GPD) and there is no
increase in design flow to be served by the system.
H. Design Standards
1. The FAST treatment system(Fixed Activated Sludge Treatment), Models MicroFAST
0.5, 0.75, 0.9,and 1.5, HighStrengthFAST 1.0 and 1.5, NitriFAST 0.5, 0.75, 0.9 and 1.5
all consist of a single tank having a primary settling zone and an aerobic biological zone.
Solids are trapped in the primary zone where they settle. In the aerobic zone, the bacteria
colony attaches itself to the surface of a submerged media bed and feeds on the sewage as
it circulates. Models MicroFAST, HighStrengthFAST and Nitr&AST 3.0, 4.5 and 9.0
consist of a standard Title 5 septic tank for settling solids and a second tank with the
submerged media for aerobic treatment.
2. Models MicroFAST 0.5, 0.75 and 0.9. HighStrengthFAST 1.0,NitriFAST 0.5, 0.75 and
0.9 shall be installed in the second compartment of a two compartment septic tank with a
total liquid capacity of at least 1,500 gallons. Models MicroFAST, HighStrengthFAST
and NitriFAST 1.5 shall be installed in the second compartment of a 3000 gallon tank. The
two compartment septic tank shall be installed between the building sewer and the pump
chamber of a standard Title 5 system constructed in accordance with 310 CMR 15.100 -
15.279, subject to the provisions of this Approval. MicroFAST, HighStrengthFAST and
NitriFAST Models 3.0, 4.5 and 9.0 shall be installed between a septic tank designed in
accordance with 310 CMR 15.223 and the pump chamber of a SAS.
3. The System is approved for use at facilities with a maximum design flow up to 10,000
GPD.
4. The System may be used in soils with a percolation rate of up to 90 min./inch. For soils
with a percolation rate of 60 to 90 min./inch, the effluent loading rate shall be 0.15 GPD/
sq. ft.
5. Pressure distribution designed in accordance with Department guidelines is required for all
installations of the System.
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Bio-Microbics Remedial Use Approval MicroFAST,HighStrengthFAST and NitriFAST
III. Allowable Soil Absorption System Design
1. Reduction of the Required Soil Absorption System Size - An Applicant is eligible for up to a
50 percent reduction in the area of the soil absorption system required by 310 CMR 15.242,
where all the following is met. Accordingly, in approving design and installation of the System
by a particular Applicant, the local approving authority may allow up to a 50 percent reduction
in the area of the soil absorption system required by 310 CMR 15.242, provided that all of the
following conditions are met:
A. No reduction in the required separation (four feet in soils with a recorded percolation rate
of more than two minutes per inch or five feet in soils with a recorded percolation rate of
two minutes or less per inch) between the bottom of the stone underlying the SAS and the
high groundwater elevation is allowed unless such a reduction is first approved by the local
approving authority and then approved by the Department pursuant to 310 CMR 15.284.
B. No reduction in the required four feet of naturally occurring pervious material is allowed
unless the Applicant has demonstrated that the four foot requirement cannot be met
anywhere on the site, that easements to adjacent property on which a system in compliance
with the four foot requirement could be installed have been requested but cannot be
obtained, and that a shared system is not feasible. Any such reduction must first be
approved by the local approving authority and then approved by the Department pursuant
to 310 CMR 15.284.
C. Where full compliance with all of the minimum set back distances in 310 CMR 15.211 is
not feasible, the local approving authority may allow a reduction under a local upgrade
approval in accordance with 310 CMR 15.405 (1) (a), (b), (f), (g), and(h).
D. Where full compliance with all of the minimum set back distances in 310 CMR 15.211 is
not feasible, even taking into account provisions for local upgrade approval as described
above, then pursuant to 310 CMR 15.410, the applicant first must obtain variance(s) from
the local approving authority and then approval of the Department.
2. Reduction of the Required Separation Distance to High Groundwater Elevation - An applicant
is eligible for a reduction in separation (four feet in soils with a recorded percolation rate of
more than two minutes per inch or five feet in soils with a recorded percolation rate of two
minutes or less per inch) between the bottom of the stone underlying the SAS and the high
groundwater elevation, where all of the following conditions are met. Accordingly, in
approving design and installation of the System by a particular Applicant, the local approving
authority may allow a reduction in the required separation (four feet in soils with a recorded
percolation rate of more than two minutes per inch or five feet in soils with a recorded
percolation rate of two minutes or less per inch)between the bottom of the stone underlying the
SAS and the high groundwater elevation, provided that all of the following conditions are met:
A. A minimum two foot separation(in soils with a recorded percolation rate of more than two
minutes per inch) or a minimum three foot separation (in soils with a recorded percolation
rate of two minutes or less per inch) between the bottom of the stone underlying the SAS
and the high groundwater elevation is maintained.
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Bio-Microbics Remedial Use Approval MicroFAST,HighStrengthFAST and NitriFAST
B. No reduction in the required SAS size is allowed unless such a reduction is first approved
by the local approving authority and then approved by the Department pursuant to 310
CMR 15.284.
C. No reduction in the required four feet of naturally occurring pervious material is allowed
unless the Applicant has demonstrated that the four foot requirement cannot be met
anywhere on the site, that easements to adjacent property on which a system in compliance
with the four foot requirement could be installed have been requested but cannot be
obtained, and that a shared system is not feasible. Any such reduction must first be
approved by the local approving authority and then approved by the Department pursuant
to 310 CMR 15.284.
D. Where full compliance with all of the minimum set back distances in 310 CMR 15.211 is
not feasible, the local approving authority may allow a reduction under a local upgrade
approval in accordance with 310 CMR 15.405 (1)(a), (b), (f), (g), and (h).
E. Where full compliance with all of the minimum set back distances in 310 CMR 15.211 is
not feasible, even taking into account provisions for local upgrade approval as described
above, then pursuant to 310 CMR 15.410, the applicant first must obtain variance(s) from
the local approving authority and then approval of the Department.
3. Reduction of the Requirement for Four Feet of Naturally Occurring Pervious Material — An
Applicant is eligible for a reduction in the required four feet of naturally occurring pervious
material in an area of no less than two feet of naturally occurring pervious material, where all of
the following conditions are met. Accordingly, in approving design and installation of the
System by a particular Applicant, the local approving authority may allow a reduction in the
required four feet of naturally occurring pervious material in an area with no less than two feet
of naturally occurring pervious material,provided that all of the following conditions are met:
A. The Applicant has demonstrated that the four foot requirement cannot be met anywhere on
the site, and that easements to adjacent property on which a system in compliance with the
four foot requirement could be installed have been requested but cannot be obtained, and
that a shared system is not feasible.
B. No reduction in the required SAS size is allowed unless such a reduction is first approved
by the local approving authority and then approved by the Department pursuant to 310
CMR 15.284.
C. No reduction in the required separation (four feet in soils with a recorded percolation rate
of more than two minutes per inch or five feet in soils with a recorded percolation rate of
two minutes or less per inch) between the bottom of the stone underlying the SAS and the
high groundwater elevation is allowed unless such a reduction is first approved by the local
approving authority and then approved by the Department pursuant to 310 CMR 15.284.
D. Where full compliance with all of the minimum set back distances in 310 CMR 15.211 is
Page 4 of 8
Bio-Microbics Remedial Use Approval MicroFAST,HighStrengthFAST and NitriFAST
not feasible, the local approving authority may allow a reduction under a local upgrade
approval in accordance with 310 CMR 15.405 (1) (a), (b), (f), (g), and (h).
E. Where full compliance with all of the minimum set back distances in 310 CMR 15.211 is
not feasible, even taking into account provisions for local upgrade approval as described
above, then pursuant to 310 CMR 15.410, the applicant first must obtain variance(s) from
the local approving authority and then approval of the Department.
IV. General Conditions
1. All provisions of 310 CMR 15.000 are applicable to the use of this System, the owner and the
Company, except those that specifically have been varied by the terms of this Approval.
2. Any required sample analysis shall be conducted by an independent U.S. EPA or DEP
approved testing laboratory, or a DEP approved independent university laboratory. It shall be a
violation of this Approval to falsify any data collected pursuant to an approved testing plan, to
omit any required data or to fail to submit any report required by such plan.
3. The facility served by the System and the System itself shall be open to inspection and
sampling by the Department and the local approving authority at all reasonable times.
4. In accordance with applicable law, the Department and the local approving authority may
require the owner of the System to cease operation of the System and/or to take any other
action as it deems necessary to protect public health, safety,welfare and the environment.
5. The Department has not determined that the performance of the System will provide a level of
protection to public health and safety and the environment that is at least equivalent to that of a
sewer system. Accordingly, no System shall be installed, upgraded or expanded, if it is feasible
to connect the facility to a sanitary sewer, unless as allowed by 310 CMR 15.004.
6. Design and installation shall be in strict conformance with the Company's DEP approved plans
and specifications, 310 CMR 15.000 and this Approval.
V. Conditions Applicable to the System Owner
1. The System is approved for the treatment and disposal of sanitary sewage only. Any wastes
that are non-sanitary sewage generated or used at the facility served by the System shall not be
introduced into the System and shall be lawfully disposed.
2. Effluent discharge concentrations shall meet or exceed secondary treatment standards of 30
mg/L biochemical oxygen demand (BOD5) and 30 mg/L total suspended solids (TSS). The
effluent pH shall not vary more than 0.5 standard units from the influent water supply.
3. Operation and Maintenance Agreement:
A. Throughout its life, the Owner of the System shall have the System properly operated
and maintained in accordance with Company's and designer's operation and
maintenance requirements and this Approval and be under an operation and
maintenance agreement(O&M).No O&M agreement shall be for less than one year.
B. No System shall be used until an O&M agreement is submitted to the approving
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Bio-Mierobies Remedial Use Approval MicroFAST,HigbStrengtbFAST and NitriFAST
authority which:
a. provides for the contracting of a person or firm competent in providing services
consistent with the System's specifications and the operation and maintenance
requirements specified by the designer and those specified by the Department;
b. contains procedures for notification to the local approving authority and the
Department within five days of a System failure, malfunction or alarm event and
for corrective measures to be taken immediately; and
c. Provides the name of the operator, which must be a Massachusetts certified
operator as required by 257 CMR 2.00 that will operate and monitor the System.
The owner of the System shall at all times have the System properly operated and
maintained, at a minimum every three months and every time there is an alarm
event. The local approving authority and the Department shall be notified, in
writing, within seven days every time the operator or operators are changed.
4. The owner shall furnish the Department any information, which the Department may request
regarding the System,within 21 days of the date of receipt of that request.
5. Within 30 days of the approving authority's issuance of the Certificate of Compliance for the
system, the owner shall submit a copy of the Certificate of Compliance to the Department.
6. By January 31" of each year for the previous year, the System owner shall submit to the
Department and the local approving authority an O&M checklist and a technology checklist,
completed by the System operator for each inspection performed during the previous calendar
year. Copies of the checklists are attached to this approval.
7. The owner of the System shall record in the appropriate registry of deeds a notice that discloses
the existence of this Remedial Use approved alternative system. A copy of the book and page
number of the recording must be provided to the local approving authority and the Department
prior to the issuance of the Certificate of Compliance.
8. The owner of the System shall provide a copy of this Approval, prior to the signing of a
purchase and sale agreement for the facility served by the System or any portion thereof, to the
proposed new owner.
9. Effluent from a system serving a facility with a design flow of less than 2000 GPD shall be
monitored quarterly. Both influent and effluent from a system serving a facility with a design
flow 2000 GPD to 10,000 GPD shall be monitored monthly. At a minimum, the following
parameters shall be monitored: pH, BOD5, and TSS. All monitoring and operation and
maintenance data shall be submitted to the local approving authority and the Department by
January 31" of each year for the previous calendar year. After one year of monitoring and
reporting and at the written request of the owner, the Department may reduce the monitoring
and reporting requirements.
10. When sanitary sewer connection becomes feasible,within 60 days of such feasibility,the owner
of the System shall obtain necessary permits and connect the facility served by the System to
the sewer, shall abandon the System in compliance with 310 CMR 15.354, unless a later time
is allowed, in writing, by the local approving authority, and shall in writing notify the
Department of the abandonment.
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Bio-Microbics Remedial Use Approval MicroFAST,HighStrengthFAST and NitriFAST
VI. Conditions Applicable to the Company
1. By January 31" of each year, the Company shall submit to the Department, a report, signed by
a corporate officer, general partner or Company owner that contains information on the System,
for the previous calendar year. The report shall state: the number of units of the System sold for
use in Massachusetts including the installation date and date of start-up during the previous
year; the address of each installed System, the owner's name and address, the type of use (e.g.
residential, commercial, school, institutional) and the design flow; and for all Systems installed
since the date of issuance of this Approval, all known failures, malfunctions, and corrective
actions taken and the address of each such event.
2. The Company shall notify the Director of the Watershed Permitting Program at least 30 days in
advance of the proposed transfer of ownership of the technology for which this Approval is
issued. Said notification shall include the name and address of the proposed new owner and a
written agreement between the existing and proposed new owner containing a specific date for
transfer of ownership, responsibility, coverage and liability between them. All provisions of this
Approval applicable to the Company shall be applicable to successors and assigns of the
Company, unless the Department determines otherwise.
3. The Company shall furnish the Department any information that the Department requests
regarding the System,within 21 days of the date of receipt of that request.
4 Prior to its sale of the System, the Company shall provide the purchaser with a copy of this
Approval. In any contract for distribution or sale of the System, the Company shall require the
distributor or seller to provide the purchaser of the System, prior to any sale of the System,
with a copy of this Approval.
5. If the Company wishes to continue this Approval after its expiration date, the Company shall
apply for and obtain a renewal of this Approval. The Company shall submit a renewal
application at least 180 days before the expiration date of this Approval, unless written
permission for a later date has been granted in writing by the Department.
VII. Reporting
1. All notices and documents required to be submitted to the Department by this Approval shall
be submitted to:
Director
Watershed Permitting Program
Department of Environmental Protection
One Winter Street- 6th floor
Boston, Massachusetts 02108
VIII. Rights of the Department
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Bio-Microbics Remedial Use Approval MicroFAST,HighStrengthFAST and NitriFAST
1. The Department may suspend, modify or revoke this Approval for cause, including, but
not limited to, non-compliance with the terms of this Approval, non-payment of the annual
compliance assurance fee, for obtaining the Approval by misrepresentation or failure to
disclose fully all relevant facts or any change in or discovery of conditions that would
constitute grounds for discontinuance of the Approval, or as necessary for the protection
of public health, safety, welfare or the environment, and as authorized by applicable law.
The Department reserves its rights to take any enforcement action authorized by law with
respect to this Approval and/or the System against the owner, or operator of the System
and/or the Company.
IX. Expiration Date
1. Notwithstanding the expiration date of this Approval, any System sold and installed prior to the
expiration date of this Approval, and approved, installed and maintained in compliance with
this Approval (as it may be modified) and 310 CMR 15.000, may remain in use unless the
Department, the local approving authority, or a court requires the System to be modified or
removed, or requires discharges to the System to cease.
W019013 Remedial Bio-Microbics 8-13 Combined
I
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