HomeMy WebLinkAboutCorrespondence - 1312 SALEM STREET 8/23/2005 COMMONWEALTH OF MMSACHUSETTS
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
EPARTMENT OF ENVIRONMENTAL PROTECTION
ONE WINTER STREET, BOSTON, MA 021013 617.292-5500
JANE SWIFT
Governor � BOB I7LTR',ANT7
1 Secretary
/2 p c r)0�;
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.
II. Design Standards
1. The FAST treatment system(Fixed Activated Sludge Treatment),Models MicroFAST
0.5, 0.75, 0.9,and 1.5, li'ighStrengthFAST 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, FlighStrengthFAST 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,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, FlighStrengthFAST
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),(0,(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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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).
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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 fast 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
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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),(0, (g), and(h).
E. Where full compliance with all of the minimum set back distances in 310 CUR 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 (BODs) 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-Microbics Remedial Use Approval MicroFAST,HighStrengthFAST 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't 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.
S. 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, BODs, 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.
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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.
S. 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,HigbStrengthFAST 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
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COMMONWEALTH OF MASSACHUSETTS
lugEXECUTIVE OFFICE OF ENVIRONMENTAL.AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
ONE WINTER STREET, BOSTON, MA 02108 617.292.5500
MITT ROMNEY ELLEN ROY B ERZFELDER
Governor i Secretary
DERRY IiEALEY
EDWARD P.KUNCE
Lieutenant Governor
1 Acting Commissioner
G
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
,,A
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
1.5.000.
Glenn Haas,Director Date
Division of Watershed Management
Department of Environmental Protection
This Informatlon b avaltable In alternate format Call Aprel McCabe,ADA Coordinator at 1-617-556-1171.TOD service-1-800-298-2207.
OEP on the World Wide Web: http:/Avww.rmss.gov/dep
Prirted 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.
II. 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 1 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
Page 3 of 8
Effective Effective
Model Leaching' Leaching2
Area Area
SF/LF SF/LF
Equalizer 24 1 3.75 NA
Equalizer 36 1 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 j
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 2.3
Equalizer 36 2.8
Standard Chamber 4.0
Infiltrator 3050 and 8.2
Storm Tech SC-740
I-ligh 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 Department designated Zone II or IWPA when the facility is to be brought into
full compliance in accordance with 310 CMR 15.404.
Infiltrator Modified Certification for General Use
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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 in the following table. Chambers shall be spaced 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 leaching area shall only be equal to the 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 Leachingi
Area
SF/LF
E ualizer 24 1 2.08
Equalizer 36 3.05
Standard Chamber 4.72
Infiltrator 3050 or 4.25
StormTech SC-740
ffigh 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 Modified Certification for General Use
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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.
Ill. 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.
W. 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 a soil absorption system 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 permanent 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.
3. The owner of the System shall at all times properly operate and maintain the on-
site sewage disposal system.
Infiltrator Modred Certification for General Use
Page 6 of 8
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 information on the System for the previous calendar 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
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
Infiltrator Modified Certification for General Use
Page 7 of 8
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 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
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
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.
Infiltrator Modified Certification for General Use
Page 8 of 8
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June 2,2005
Infiltrator Systems Inc. (ISI)has been working to clarify some of the installation
details with regard to mounds in fill in accordance with the Massachusetts Title 5.The
MA regulations,Title 5,require that the 15 foot breakout elevation to grade be measured
from the top edge of the SAS.For the Infiltrator mound system,the Massachusetts
Department of Environmental Protection agrees that the top edge of the SAS would be
the bottom outside edge of the chamber unit as shown in the attached drawing.
Additionally, since only bottom area is credited in all bed systems,the fill around the
upper portion of the chamber can be either naturally occurring pervious material or Title
5 fill. See the enclosed drawing for all details on the mound system.
The aforementioned drawing should be considered an addendum to ISI's Massachusetts
Design and Installation Manual dated May 2003. If you have any questions,please
contact your local Infiltrator Systems representative.
We thank you for your partnership with our company and look forward to working with
you in the future with your onsite wastewater treatment needs.
Regards,
/"I
Jim Healy
District Manager
Infiltrator Systems,Inc.
(866) 511-6066
cc: Steve Corr,MA DEP
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