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HomeMy WebLinkAboutCorrespondence - 100 RALEIGH TAVERN LANE 10/7/2004 _ COMMONWEALTH OF NLASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION ONE WINTER STREET, 807N 3wI �' p617• 92.5600 MITT ROMNEY ( (,J Governor ELLEN ROY HERZFELDER L Secretary KERRY HEALEY A, Lieutenant Governor I EDWARD P.KTJNCE Acting Commissioner MODIFIED CERTIFICATION FOR GENERAL USE Pursuant to Title 5, 310 CMR 15.000 Name and Address of Applicant: Infiltrator Systems, Inc. P.O. Box 768 6 Business Park Road Old Saybrook, CT 06475 . Trade name of technology and model: High Capacity Chamber, Standard Chamber, Infiltrator 3050 (Storm Tech SC-740) and Equalizer 24 and 36 (hereinafter the "System"). Transmittal Number: W023699 Date of Issuance: February 21, 2003 Date of Expiration: February 21, 2008 Authority for Issuance Pursuant to Title 5 of the State Environmental Code, 310 CMR 15.000, the Department of Environmental Protection hereby issues this Certification to: Infiltrator Systems, Inc., P.O. Box 768, 6 Business Park Road, Old Saybrook, CT 06475 (hereinafter "the Company"), for.General Use of the System described herein. Sale and use of the System are conditioned on and subject to 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 Certification constitutes a violation of 310 CMR 15.000. �G Glenn Haas, Director Date Division of Watershed Management Department of Environmental Protection This information Is available i"alternate format.Call Aprel McCabe,ADA Coordinator at 1-617.556.1171.TDD Service-1-800-298-2207. DEP on the World Wide Web: http://wwW-mass.9ov/dep rs %o, Printed on Recycled Paper Infiltrator Modified Certification for General Use Page 2 of 8 I. Purpose I. The purpose of this Certification is to allow use of the System in Massachusetts, on a General Use basis. 2. With the necessary permits and approvals required by 310 CMR 15.000, this Certification authorizes the use of the System in Massachusetts. 3. The System may be installed on all facilities where a system in compliance with 310 CMR 15.000 exists on site or could be built and.for which a site evaluation in compliance with 310 CMR 15.000 has been approved by the local approving authority, or by DEP if DEP approval is required by 310 CMR 15.000. R. Design Standards 1. The models listed below are covered under this Certification. Dimensions Invert Model W x L x H Height Inches Inches Equalizer 24 15 x 100 x 11 6 Equalizer 36 22 x 100 x 13.5 6 Standard Chamber 34 x 75 x 12 6.5 Infiltrator 3050 or 51 x 85.4 x 30 24 StormTech SC-740 High Capacity Chamber 34 x 75 x 16 11 2. The System is an open-bottom leaching unit molded from polyolefin resin. It can be installed without aggregate or distribution pipe as an absorption trench in accordance with the requirements in 310 CMR 15.251. 3. The use of aggregate as specified in 310 CMR 15.247 is not necessary with the System when installed as a trench, bed or field. 4. The minimum separation between any two trenches shall be as specified in 310 CMR 15.251. 5. For new construction, the applicant can size the System in a trench configuration without aggregate, using the effective leaching areas presented in the following table. No System shall be designed and constructed with a soil absorption system area of less than 400 square feet. Infiltrator Modified Certification for General Use Pabe 3 of 8 Effective Effective Model Leaching' Leaching2 Area Area SF/LF SF/LF Equalizer 24 3.75 NA Equalizer 36 4.73 NA Standard Chamber 6.53 NA Infiltrator 3050 or NA 8.2 StormTech SC-740 .High Capacity Chamber 7.79 NA 1. Effective leaching area is equal to 1.67 times the bottom width plus two x invert. 2. Effective leaching area is equal to 1.0 times the bottom width plus two x invert. 6. Systems shall be sized in accordance with the following table for -new construction in DEP designated nitrogen limited areas as defined in 310 CMR 15.214 and 15.215. The effective leaching area, as shown in the following table, shall be used for any System .installed in a Department designated Nitrogen Sensitive Area or for any System that is installed for new construction where a private drinking water supply well is proposed to serve the facility, as defined in 310 CMR 15.214 (2) and for which a variance to the minimum setback distance of 100 feet has been granted. Effective Model Leachingi Area SF/LF Equalizer 24 2.3 Equalizer 36 2.8 Standard Chamber 4.0 Infiltrator 3050 and 8,2 Storm Tech SC-740 High Capacity Chamber 4.5 1. Effective leaching area is equal to 1.0 times the bottom width plus two x invert. 7. Systems installed on remedial sites shall be allowed to utilize the effective leaching areas presented in item 5 above or additional reductions in soil absorption leaching area approved by the approving authority in accordance with 310 CMR 15.284. In no instance shall the reduction in the soil absorption system required in 310 CMR 15.242 exceed the maximum reduction allowed for alternative systems approved in accordance with 310 CMR 15.284. The effective leaching areas presented in item 6 above shall be used for remedial sites located in Infiltrator Modified Certification for General Use Pase 4 of 8 Department designated Zone H or IWPA when the facility is to be brought into full compliance in accordance with 310 CMR 15.404. 8. In accordance with 310 CMR 15.240 (6) absorption trenches should be used whenever possible. When the System is installed for new construction without aggregate in a bed or field configuration, as defined in 310 CMR 15.252, the System shall be designed using the effective leaching area for the bottom width presented i n t he f ollowing t able. C hambers s hall b e s paced a minimum of six inches apart'(edge-to-edge) when used in a bed configuration. No system shall be designed and constructed with a leaching area of less than 400 square feet. The effective 1 caching a rea s hall o my b e e qual t o t he bottom width for any System installed in a Department designated Nitrogen Sensitive Area or for any System that is installed for new construction where a private drinking water supply well is proposed to serve the facility, as defined in 310 CMR 15.214 (2) and for which a variance to the minimum setback distance of 100 feet has been granted. Effective Model Leaching Area SF/LF Equalizer 24 2.08 Equalizer 36 3.05 Standard Chamber 4.72 Infiltrator 3050 or 4.252 StormTech SC-740 High Capacity Chamber 4.72 1. Effective Leaching area is equal to 1.67 times bottom width only. 2. Effective leaching area for Infiltrator 3050 or StormTech SC-740 is equal to 1.0 times the bottom width 9. The System, when installed in a bed or field configuration without aggregate on remedial sites, shall utilize the effective leaching areas presented in item 8 above or additional reductions in soil absorption system area approved by the approving authority in accordance with 310 CMR 15.284. In no instance shall the reduction in the soil absorption system area required in 310 CMR 15.242 exceed the maximum reduction allowed for alternative systems approved in accordance with 310 CMR 15.284. 10. The System, when installed as specified in 310 CMR 15.253: Pits, Galleries, or Chambers, shall have an aggregate base and/or be surrounded by aggregate and shall be sized as specified in 310 CMR 15.253 (1) (a) and (b). Effective depth can be increased up to two feet with the corresponding addition of up to 14 inches of base aggregate. Bottom width can be increased by two to eight SF/LF with the corresponding addition of one to four feet of aggregate per side. Infiltrator I`Iodified Certification for General Use Paue 5 of 8 11. The requirement that Chambers installed in trench configuration as specified in 310 CMR 15.253(6) be provided with inlets at intervals not to exceed 20 feet is not applicable to the System. III. General Conditions 1. The provisions of 310 CMR 15.000 are applicable to the use of the System, except those that specifically have been.varied by the terms of this Certification. 2. 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. 3. In accordance with applicable law, the Department and the local approving authority may require the owner of the System to cease use of the System and/or- to take any other action as it deems necessary to protect public health, safety, welfare or the environment. 4. The Department has not determined that the performance of the System will provide a level of protection to the environment that is at least equivalent to that of a sewer. Accordingly, no new System shall be constructed, and no System shall be upgraded or expanded, if it is feasible to connect the facility to a sanitary sewer,unless allowed pursuant to 310 CMR 15.004. 5. Design, installation and use of the System shall be in strict conformance with the Company's DEP approved plans and specifications and 310 CMR 15.000, subject to this Certification. IV. 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 on-site sewage disposal system and shall be lawfully disposed of. 2. For new construction, the owner initially shall size as oil absorptions ystem in accordance with 310 CMR 15.242 to demonstrate that a conventional Title 5 soil adsorption system using aggregate, including a reserve area, can be installed on the site. The owner may than size the soil absorption system for the System. The total area required for the aggregate system, which may include the area designated for the System, and a reserve area shall be preserved and the owner shall ensure that no p ermanent structures or other structures are constructed on that area and that the area is not disturbed in any manner that will render it unusable for future installation of a conventional Title 5 soil absorption system. Infiltrator Modified Certification for General Use Page 6 of 8 3. The owner of the System shall at all times properly operate and maintain the on- site sewage disposal system. 4. The owner shall furnish the Department any information that the Department requests regarding the operation and performance of the System, within 21 days of the date of receipt of that request. 5. No owner shall authorize or allow the installation of the System other than by a person trained by the Company to install the System. V. Conditions Applicable to the Company 1. By January 31st of each year, the Company shall submit to the Department a report, signed by a corporate officer, general partner, or Company owner that contains i nformation o n t he S ystem f or the p revious c alendar year. The report shall state known failures, malfunctions, and corrective actions taken for the System as well as the date and address of each event. 2. The Company shall notify the Department's Director of Watershed Permitting at. least 30 days in advance of any proposed transfer of ownership of the technology for which this Certification 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 Certification 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 any sale of the System, the Company shall provide the purchaser with a copy of this Certification. 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 Certification. 5. If the Company wishes to continue this Certification after its expiration date, the Company shall apply for and obtain a renewal of this Certification. The Company shall submit a renewal application at least 180 days before the expiration.date of this Certification, unless written permission for a later date has been granted by the Department. 6. The Company shall prepare an installation manual specifically detailing procedures for installation of its System. The Company shall institute and maintain a training program in the proper installation of its System in accordance with the manual and provide a. training course at least annually for prospective Infiltrator Modified Certification for General Use Page 7 of 8 installers. The Company shall certify that installers have passed the Company's training qualifications, maintain a list of certified installers, submit a copy to the Department, and update the list annually. Updated lists shall be forwarded to the Department. 7. The Company shall not sell the System to installers unless they are trained to install these Systems by the Company. VI. Conditions Applicable to Installers of the System 1. Each Installer shall install the System in accordance with Company training on the installation of the System and the conditions of this Certification. 2. No Installer shall install the System unless the Installer has been trained by the Company on installation of the System. - VII. Reporting 1. All submittals of notices and documents to the Department required by this Certification 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 1. The Department May suspend, modify or revoke this Certification for cause, including, but not limited to, non-compliance with the terms of this Certification, non-payment of an annual compliance assurance fee, for obtaining the Certification by misrepresentation or failure to disclose fully all relevant facts or any change in or discovery of conditions that would constitute grounds for discontinuance o f t he C ertification, o r a s n e.cessary f or t he p rotection o f p ublic 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 Certification, the System, the owner, or operator of the System and the Company. IX. Expiration Date 1. Notwithstanding the expiration date of this Certification, any System installed prior to the expiration date of this Certification, and approved, installed and maintained in compliance with this Certification (as it may be modified) and 310 Infiltrator Modified Certification for General Use Page 8 of 8 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. W 023699 lnfil.Reduced Size-Jan.2003SHC COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION ONE WINTER STREET, BOSTON, MA 02108 617.292-5500 MITT ROMNEY Governor ELLEN ROY HERZF'ELDER Secretary KERRY HEALEY EDWARD P.KUNCE Lieutenant Governor Acting Commissioner February 21,2003 Carl W.Thompson,P.E. Technical Director Infiltrator Systems,Inc. 6 Business Park Road Old Saybrook,CT 06475 Re: Application for WP61b Certification for General for Alternative System Trade Name of Technology and Model:Infiltrator Systems Transmittal No.:W023699 Dear Mr.Thompson: The Department has completed its review of your application for Certification for General Use for the above referenced technology. We are pleased to issue the enclosed Modified Certification for General Use for Infiltrator Systems. Should you have any questions regarding this Certification, or should you wish to meet with us to discuss any questions or concerns you,may have,please do not hesitate to contact Steven H. Corr . at 617-292-5920. Sincerely, Glenn Haas,Director Division.of Watershed Management Enclosure This information is available in alternate format.Call Aprel McCabe,ADA Coordinator at 1-617-556-1171.TDD Service-1-800-298-2207. DEP on the World Wide Web: http:l/www.mass.gov/dep Ca Printed on Recycled Paper COMMONWEAI.TII 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 �l� ?" F �.,� I r6 ak�`6V OVE R Commissioner CERTIFICATION FOR GENERAL USE Pursuant to Title 5, 310 CMR 15.000 Name and Address of Applicant: Bio-Microbics, Inc. 8271 Melrose Drive Lenexa, KS 66214 Trade name of technology and model: MicroFAST Treatment System Models MicroFAST 0.5, 0.75, 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, 0.75, 1.0, 1.5, 3.0, 4.5 and 9.0 (hereinafter the "System"). A Schematic Drawing illustrating each FAST System is attached and is part of this Certification. Transmittal Number: W 012530 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 Certification for General Use to: Bio-Microbics, Inc., 8450 Cole Parkway, Shawnee, KS 66227 (hereinafter "the Company"), certifying the System described herein for General Use in the Commonwealth of Massachusetts. Sale and use of the System are conditioned on and subject to 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 Certification constitutes a violation of 310 CMR 15.000. Glenn Haas, Acting Assistant Commissioner Date Bureau of Resource Protection Department of Environmental of Environmental Protection This information is available in alternate format by calling our ADA Coordinator at(617)574-6872. DEP on the World Wide Web: http.1/www.state.ma.us/dep 19 Printed on Recycled Paper e° ,: 13io-Microbics Certification for General Use MicroFAST,HighStrengthFAST and NitriFAST I. Purpose 1. The purpose of this Certification is to allow the use of the System in Massachusetts on a General use basis. 2. With the necessary permits and approvals required by 310 CMR 15.000, this Certification authorizes the installation and use of the System in Massachusetts. 3. The System may be installed on all facilities where a system in compliance with 310 CMR 15.000 exists on site or could be built and for which a site evaluations in compliance with 310 CMR 15.000 has been approved by the local approving authority or by DEP if DEP approval is required by 310 CMR 15.000, 4. The System is approved for use at facilities with a maximum design flow less than 10,000 gallons per day(GPD). 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 and NitriFAST 0.5, 0.75, 0.9 and 1.5 consist of a single tank having a primary settling zone and an aerobic biological zone. Solids are trapped in the primary settling 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 NitriFAST 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 and 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 a standard Title 5 Soil Absorption System(SAS) constructed in accordance with 310 CMR 15.100 -15.279, subject to the provisions of this Approval. Models MicroFAST, HighStrengthFAST and NitriFAST 3.0, 4.5 and 9.0 shall be installed between a septic tank designed in accordance with 310 CMR 15.223 and the SAS. M. General Conditions I. The provisions of 310 CMR 15.000 are applicable to the use of this System, except those that specifically have been varied by the terms of this Certification. Page 2 of 6 Bio-Microbics Certification for General Use MicroFAST,HighStrengthFAST and NitriFAST 2. Any required operation and maintenance, monitoring and testing shall be performed in accordance with a Department approved plan. Any required sample analysis shall be conducted by an independent U.S. EPA or DEP approved testing laboratory. It shall be a violation of this Certification 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 or 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 or 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. Accordingly, no System shall be upgraded or expanded, if it is feasible to connect the facility to a sanitary sewer, unless as allowed pursuant to 310 CMR 15.004. 6. Design and installation and use of the System shall be in strict conformance with the Company's DEP approved plans and specifications and 310 CMR 15.000, subject to this Certification. IV. Conditions Applicable to the System Owner 1. The System is certified in connection with the discharge of sanitary wastewater only. Any non-sanitary wastewater generated or used at the facility served by the System shall not be introduced into the System and shall be lawfully disposed of. 2. Operation and Maintenance agreement: i. Throughout its life, the System shall be under an operation and maintenance(O&M) agreement. No O&M agreement shall be for less than one year. ii. No System shall be used until an O&M agreement is submitted to the local approving authority which: - 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 any specified by the Department; Page 3 of 6 Bio- icrobics Certification for General Use MicroFAST,HighStrengthFAST and NitriFAST - Contains procedures for notification to the Department and to the local board of health within five days of a System failure, malfunction or alarm event and for corrective measures to be taken immediately; - Provides the name of an operator, which must be a Massachusetts certified operator as required by 257 CMR 2.00 of an appropriate grade that will operate and monitor the System. The operator must operate and maintain the System at least every six months and anytime there is an alarm event. 3. The owner shall notify the Department and the local approving authority, in writing, within seven days of a change in the operator. 4. The owner of the System shall at all times have the System properly operated and maintained in accordance with the Company's and the designer's operation and maintenance requirements and this Certification. 5. The owner of the System shall provide a copy of this Certification, 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. 6. The owner shall furnish the Department any information that the Department requests regarding the System, within 21 days of the date of receipt of that request. 7. By September 30'h of each 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 12 months. Copies of the checklists are attached to this Certification. V. Conditions Applicable to the Company 1. By January 31 st 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 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 first issuance of Certification for General Use, 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 thirty(30) days in advance of the proposed transfer of ownership of the Page 4 of 6 Bio- icrobics Certification for General Use MicroFAST,HighStrengthFAST and NitriFAST technology for which this Certification is issued. Said notification shall include the name and address of the proposed owner containing a specific date of transfer of ownership, responsibility, coverage and liability between them. All provisions of this Certification 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 Certification. 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 Certification. 5. If the Company wishes to continue this Certification after its expiration date, the Company shall apply for and obtain a renewal of this Certification. The Company shall submit a renewal application at least 180 days before the expiration date of this Certification, unless written permission for a later date has been granted in writing by the Department. 6. At the time of the sale of the System, the Company shall provide the purchaser of the System with an installation manual, VI. Reporting 1. All notices and documents required to be submitted to the Department by this Certification shall be submitted to: Director Watershed Permitting Program Department of Environmental Protection One Winter Street - 6th floor Boston, Massachusetts 02108 VII. Rights of the Department 1. The Department may suspend, modify or revoke this Certification for cause, including, but not limited to, noncompliance with the terms of this Certification, non-payment of any annual compliance assurance fee, for obtaining the Certification 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 Certification, 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 Page 5 of 6 Bio-Microbics Certification for General Use MicroFAST,HighStrengthFAST and Nitr1FAST law with respect to this Certification and/or the System against the owner, or operator of the System, and/or the Company. Expiration date 1. Notwithstanding the expiration date of this Certification, any System sold and installed prior to the expiration date of this Certification, and approved, installed and maintained in compliance with this Certification (as it may be modified) and 310 CMR 15.000, may remain in use unless the Department, the local approval authority, or a court requires the System to be modified or removed, or requires discharges to the System to cease. W012530 FAST Bio-N icrobics Cert.for Gen.Use Page 6 of 6