HomeMy WebLinkAboutCorrespondence - 45 BRIDGES LANE 12/1/2004 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 HERZFELDER
Secretary
DERRY HEALEY
Lieutenant Governor ROBERT W. GOLLEDGE,Jr.
Commissioner
December 1, 2004
Benjamin C. Osgood, Jr.,P.E.
President
New England Engineering Services, Inc.
60 Beechwood Drive
North Andover, MA 01845
Dear Mr. Osgood:
Your letter of November 23, 2004 to Claire Golden was forwarded to this office to
respond to your question concerning clarification of sizing reductions for soil adsorption systems
using chambers when installed following an alternative treatment system in a remedial situation.
The MODIFIED CERTIFICATION FOR GENERAL USE for Infiltrator Systems,
dated February 21, 2003 addresses sizing of a chamber system in a remedial use situation.
Section II, Design Standards, in item 7 states "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."
The APPROVAL FOR REMEDIAL USE for MicroFAST, NitriFAST, and High
Strength FAST Systems issued to Bio-Microbics, Inc., August 13, 2001 also addresses the sizing
reduction for a soil adsorption system allowed when using this alternative treatment system.
Section III, Allowable Soil Absorption System Design item 1 states "Reduction of the Re uired
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:"
This information is available in alternate format.Gall Donald M.Gomes,ADA Coordinator at 617-556-1057.TDD Service-1-500-298-2207.
DEP on the World Wide Web: http://www.mass.gov/dep
�� Printed on Recycled Paper
Benjamin C. Osgood, Jr., P.E.
Page 2
The BOLD type in the above paragraphs is shown for clarity.
Should you need any further information or wish to discuss other potential technologies,
please contact Steven H. Corr, P.E. at 617-292-5920.
cerely,
David Ferris, Acting Director
Watershed Permitting Program
Cc: DEP/NERO C. Golden
North Andover BOH, Susan Sawyer, RS
DEP/SERO B. Dudley
DEP/WERO P. Neitupski
DEP/CERO D. Boyer
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENVIRONMENTAL A1'FAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
ONE WINTER STREET, BOSTON, MA 0208 617.292-5500
i
f
JANE SWIFT 1
Governor BOB DURAND
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
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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, 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 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,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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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 itich 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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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
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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 CUR 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-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�` 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, BOD5i 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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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.
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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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, nonpayment 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.
TX. 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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