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HomeMy WebLinkAboutCorrespondence - 333 RALEIGH TAVERN LANE 12/23/1994 .-HONE NO. : 508 775 730150 Nov. 19 1997 01:44PI°i P2 Gommonwea th of Massochusetts Executive Office of Environmental Affairs Department of Environmental protection William F.Wald Go,+rr,o Trudy%XI Sw.wy.EOF11 Thomas 8. Powers Aratng Comm�n,a-wr REMEDIAL USE APPROVAL Pursuant to Title 5, 310 CMR 15 . 000 Name and Address of Applicant: Smith & Loveless , Inc . 14040 Santa Fe Trail Drive Lenexa, KS 66215 Trade name of technology and model numbers : Smith & Loveless Single home FAST and Modular FAST (hereinafter the "System") Date of Application: December 23 , 1994 Transmittal Number: 95300 & 98299 Date of issuance: March 24 , 1995 Modified : April 26, 1995 Effective date: March 31, 1995 Expiration date: March 31 , 2000 Authority for Xssuance Pursuant to Title 5 of the State Environmental Code, 310 CMR 15 . 000 , the Department of Environmental protection hereby issues this Remedial Use Approval to: Smith & Loveless , Inc. , 14040 Santa Fe Trail Drive, Lenexa, KS 66215 (hereinafter "the Company" ) , for Remedial Use in the Commonwealth of Massachusetts 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/operator 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. n J_ gins, cti..ng Director Da e ivision f Wa polluti.on Control Department of En ixonmental protection One winter Street o Boston, Massachusetts 02108 0 FAX (617) 556-1049 • Telephone (617)292-6500 y FROM ROWLAHD PHONE NO. 508 775 3650 Nov. 19 1997 01:45PM P3 2 F.$.ST Remgsial IIse fipprova.X Page: I. Design Standards The System shall be installed in series between the septic tank and the leaching system of a standard Title 5 system in a manner which neither intrudes on, replaces a component of, nor adversely affects the operation of a Title 5 system as constructed in accordance with 310 CMR 15 . 100 - 15 • � �9 , subject to the provisions of this Approval. . A. Reduced soil Absorption system 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 )�e 0. 15 gpd / soft. The required soil absorption system area may be reduced by 50� if all of the following conditions are met: 1 . No reduction in required setbacks from public .or private wells, bordering vegetated wetlands, surface waters, salt marshes, coastal banks, certified vernal pools, water supply lines, surface water supplies or tributaries to surface water supplies , or drains which discharge to surface water supplies or their tributaries, is allowed without a variance; 2 . No reduction in the required groundwater separation distance is allowed; 3 . No reduction in the required four feet of naturally occurring pervious material is allowed. D. Reduction of the Groundwater separation Distance In approving use of the System by a particular owner/operator, the local approving authority may allow a reduction in the required four foot separation (in soils with a recorded percolation rate of more than two minutes per inch) or the required five foot separation (in soils with a recorded percolation rate of two minutes or less per inch) between the bottom of the soil absorption system and the high groundwater elevation, provided that all of the following conditions are met: 1 . 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 soil absorption system and the high groundwater elevation is maintained; 2 . No reduction in the soil absorption system size required by 310 CMR 15. 242 or setbacks from public or private wells , bordering vegetated wetlands, surface waters, salt marshes, coastal banks , certified vernal FROM P06JLAND F'HOHE NO. 508 775 3650 110.;. 19 19137 01:45PM P4 FAST ReMOdi&l Use ApprOVal Page: 3 pools, water supply lanes, surface water supplies or tributaries to surface water supplies , or drains which discharge to surface water supplies or their tributaries may be allowed without a variance pursuant to 310 CMR 15 .410 et sect; 3 . No reduction in the required four feet of naturally occurring pervious material is allowed . orfa it t; ran of the V-squi.remerit for .four feet of Naturally occurring Pervi uo Material Where the proposed owner/operator of the System has demonstrated that the alternatives of siting an on-site system with four feet of naturally occurring pervious material or connection to a sanitary sewer or to a shared system are not feasible, the local approving authority may allow the repair or replacement of the disposal area with no less than two feet of naturally occurring pervious material, with the use of the system, provided that all of the following conditions are met: I . the four feet requirement cannot be met anywhere on the site, or on an adjacent property with appropriate easements ; 2 . No reduction in the soil absorption system size required by 310 CMR 15. 242 or setbacks from public or private wells , bordering vegetated wetlands, surface waters , salt marshes, coastal banks , certified vernal pools , water supply lines, surface water supplies or tributaries to surface water supplies , or drains which discharge to surface water supplies or their tributaries may be allowed without a variance pursuant to 310 CMR 15. 410 et se,g, 3 . No reduction in the required groundwater separation distance is allowed. 11. General Conditions 1 . All provisions of 310 CMR 15 . 000 are applicable to the use of the System, the owner/operator, and the Company, except these which specifically may be allowed to be varied under the terms of this Approval . 2 _ An approved Soil Evaluator shall perform the soil evaluation in accordance with 310 CYR 15 . 100 et sec7. 3 . Pressure dosing designed in accordance with Department guidance is required. 4 . .plans and specifications shall be stamped and signed by either a Massachusetts Registered Professional Engineer or a Massachusetts Registered Sanitarian. 5. Any required operation and maintenance., monitoring and testing shall be performed. Any required sample FRO111 : ROWLAND PHONE NO. : 508 775 3650 f iov. 19 1997 01:46PM P5 rAST Remedigl Qge ApprOV&l Page; analysis shall be conducted by an independent U= S_EPA or commonwealth of Massachusetts approved testing laboratory, or an 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 . 6 . The tacility 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. 7 . The Department and/or the local approving authority may require the owner/operator 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. 8 . The Department has not determined that the performance of the System for remedial use 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, the System shall not be used where it is feasible to connect the facility served by the System to a sanitary sewer. 9 . Design and installation shall be in strict conformance with 310 CMR 15 . 000 and this Approval . 11 . Nothing in this Approval authorizes any violation of M. G . L. c. 131 , § 40, 310 CMR 10. 00 , or any other law. 12 . The Company and owner/operator shall furnish the Department within a reasonable time any information which the Department may request to determine whether cause exists for modifying, revoking , reissuing or terminating this Approval or to determine whether the Company and/or the owner/ operator is complying with the terms and conditions of this Approval and 310 CMR 1 . 000 . III. special conditions applicable to the system Owner/Operator 1. The System is approved for remedial use in connection with the -discharge of sanitary wastewater only. Any non-sanitary wastewater generated and/or used at the facility served by the System shall not he introduced into the system and shall be lawfully disposed of. 2 . If the system will be used as a shared system as defined by 15 . 002 , the financial assurance requirements for shared systems as may be required pursuant to 15 . 290 (2) shall apply. 3 . Maintenance agreement: i . Throughout its life, the System shall be under a maintenance agreement. No maintenance agreement shall be for less than two years . FPOH ROWLAND PHONF 1,10. : 508 775 3650 NOV. 19 1997 01:47PH P6 FAST Remedial Use Approval Page: 5 ii . The System shall not be constructed/installed_ until a maintenance agreement and contingency plan are submitted to and approved by 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 design engineer and any specified by the local approving authority ; contains procedures for notification of the Department and the local board of health within 24 hours of a system failure or alarm event and for corrective measures to be taken immediately. provides the name of the Massachusetts certified operator or operators that will operate the System in accordance with Massachusetts regulations 257 CMR 2 : 00 . 4 . Effluent from the System shall be monitored quarterly. At a minimum the following parameters shall be monitored: pH, BCD,, TSS . Every time the System is monitored, the water meter reading also shall be recorded. All monitoring data shall be submitted to the Department by January 31 of each year. After three years of monitoring and at the request of the owner/operator, the local approving authority may reduce or eliminate the monitoring requirements . 5 . The owner/operator of the System shall at all times properly operate and maintain the System_ 6. When a sanitary sewer connection becomes feasible , the owner/operator of the System shall obtain necessary permits and connect the facility served by the System to the sewer within 60 days of such feasibility and shall abandon the System in compliance with 310 CMR 1.5 . 354 unless a later time is allowed in writing by the Department. TV. Special conditions applicable to the Company 1 . The Company annually shall submit to the Department , by January 31 of each year, a report, signed by a corporate officer, general partner or Company owner, stating, for the previous calendar year, the number of units sold for use in Massachusetts including the ownerts name and address, address of the facility served by the System and the design flow; all known failures , malfunctions , and corrective actions taken and the location and date of each such event. z . The Company shall notify the Director of the Division of water Pollution Control at least thirty (30) days in advance of the proposed transfer of ownership of the FRGI°I ROWLAND PHONE HO. : 508 775 3650 Nov. 19 1597 01:48P1,1 P8 FAST Remedial Use Approval Page: 6 technology fbr which this Approval is issued. The - notice shall include the name and address of the new owner, the date of transfer, and the respective responsibilities of the parties relative to the System. All provisions of this .Approval applicable to the company shall be applicable to the successors and assigns of the Company. 3 . The Company shall provide any purchaser of the System with a copy of this Approval prior to Sale of the System. In any contract for distribution and/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 . 4 . If the Company wishes to use a System installed under this Approval as a piloting or provisional use demonstration site, the Company shall submit to the Department a notice that the Company wishes to use this site as a demonstration site for their piloting or provisional use application. 5. If the Company wishes to continue this Remedial Use 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. V. Reporting All notices and documents required to be submitted to the Department by this Approval shall be submitted to: Director Division of Water Pollution Control Department of Environmental protection One Winter Street -- 8th floor Boston, Massachusetts 02108 VI. Expiration date 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 . FP,0LII PIDWLAI-ID PHONE HO. F;f--lP 775 r_ A Hov. 19 1997 01:47P1°1 P7 FAST Remedial nse Approval Page : 7 VII . Rights Of the Department The Department may suspend, modify or revoke this Remedial. . Use 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 or the Company. VIII . Right of .Appeal This Approval is an action of the Department. Any person aggrieved by this action may request an adjudicatory hearing. A request for a hearing must be made in writing and postmarked within thirty (30) days of the date of issuance of this Approval . Under 310 CML 1 . 0 1 (6) (b) , the. request must state clearly and concisely the facts which are the grounds for the request , and the relief sought. The hearing request along with a valid check payable. to Commonwealth of Massachusetts in the amount of one hundred dollars ($100 . 00) must be mailed to : Commonwealth of Massachusetts Department of Environmental Protection P. O. Box 4062 Boston, MA 0212 x1 The request will be dismissed if the filing fee is not paid, unless the appellant is exempt or granted a waiver as described below. The filing fee is not required if the appellant is a city or town (or municipal agency) , county, or district of the Commonwealth of Massachusetts, or a municipal housing authority. The Department may waive the adjudicatory hearing filing fee for a person who shows that paying the fee will create an undue financial hardship. A person seeking a waiver must file , together with the hearing request as provided above , an affidavit setting forth -the facts believed to support the claim of undue financial hardship.