HomeMy WebLinkAboutMiscellaneous - Exception (130)Weston & Sampson
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July 23, 2001
Sandra Starr
Town of North Andover
Board of Health
27 Charles St.
North Andover, MA 01 F
RE. Bioclere Systems —
Dear Ms. Starr:
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Weston & Sampson Services
Five Centennial Drive
Peabody, MA 01960-7985
www.weston an d sam pson. co m
Tel: (978) 532-1900 Fax: (978) 977-0100
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Agreement
Operation &Maintenance Professionals
Enclosed please find Weston & Sampson Services contract agreement with
Mr. Wilfried Welsch for the operation and maintenance of the Bioclere Wastewater
Treatment system located within your jurisdiction (4 Equestrian Drive, North Andover,
MA 01845). Please review this agreement at your earliest convenience. If you have any
questions or concerns, please do not hesitate to contact me at (978) 375-8086.
Very truly yours,
WESTON & SAMPSON SERVICES
Wallace W. Bruce
Lead Operator
cc: JAB
File
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Weston & Sampson
5 E R V I C E 5
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July 23, 2001
Sandra Starr
Town of North Andover
Board of Health
27 Charles St.
North Andover, MA 01845
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Weston & Sampson Services
Five Centennial Drive
Peabody, MA 01960-7985
—meston a n d sam pson. co m
Tel: (978) 532-1900 Fax: (978) 977-0100
RE: Bioclere Systems — Operation and Maintenance Contract Agreement
Dear Ms. Starr:
Operation v Maintenance Professionals
Enclosed please find Weston & Sampson Services contract agreement with
Mr. Wilfried Welsch for the operation and maintenance of the Bioclere Wastewater
Treatment system located within your jurisdiction (4 Equestrian Drive, North Andover,
MA 01845). Please review this agreement at your earliest convenience. If you have any
questions or concerns, please do not hesitate to contact me at (978) 375-8086.
Very truly yours,
WESTON & SAMPSON SERVICES
Wallace W. Bruce
Lead Operator
cc: JAB
File
aeryd a rape
Weston & Sampson
S E R V I C E S
July 12, 2001
Mr. Wilfried Welsch4 _ 0W nLrS /4 decc r
1507 Salem Street
North Andover, MA 01845
Re:
4 Equestrian Drive,
Dear Mr. Welsch:
& Malnte'
t Andover,
Weston & Sampson Services
Five Centennial Drive
Peabody, MA 01960-7985
www.westonandsampson. com
Tel: (978) 532-1900 Fax: (978) 977-0100
Operation & Maintenance Professionals
Ctf#�• 9 7 S• G m• D(ogr
Services — Bioclere Facility at
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We have prepared and enclosed an Agreement for Weston & Sampson Services to
provide O&M services to you for your Bioclere wastewater treatment system. The term
of the contract will be two years, as required in the state permit for these facilities.
Please review the Agreement and let us know if you have any questions. Otherwise,
please return a signed copy to us for our files.
As part of our service to you and to satisfy your permit requirements, we will notify the
Massachusetts Department of Environmental Protection and the local Board of Health
that we are your new O&M contractor upon receipt of the signed Agreement.
We are pleased to be able to provide this service to you. If you have any questions please
call me at (978) 532-1900, extension 2282.
Sincerely,
WESTON & SAMPSON SERVICES
ohn A. Bocchino, Jr.
Vice President
Enc.
G:\WSSWorth Andover\Baclere\Welsch Cover 07.01.doc
AGREEMENT FOR
OPERATIONS AND MAINTENANCE SERVICES
BY AND BETWEEN
WILFRIED WELSCH
AND
WSS, INC.
This AGREEMENT is made and entered into on this day of , by and between
Wilfried Welsch, 1507 Salem Street, North Andover, Massachusetts 01845 (hereinafter called the
OWNER) and WSS, INC., d.b.a. Weston & Sampson Services, with its principal office at 5
Centennial Drive, Peabody, Massachusetts 01960 (hereinafter called WSS).
WHEREAS, OWNER owns a Bioclere wastewater treatment system at 4 Equestrian Drive,
North Andover, Massachusetts 01845 (hereinafter referred to as the PROJECT); the term
"PROJECT" is defined in Appendix A of this Agreement.
WHEREAS the OWNER desires to employ the services of WSS in the operation and
maintenance of the PROJECT and WSS desires to perform such services for the compensation set
forth hereinafter.
NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter
set forth, OWNER and WSS agree as follows:
1.1 Definitions of words or phrases used in this AGREEMENT are contained in Appendix A.
1.2 All grounds, facilities, and equipment owned by OWNER or acquired by OWNER shall
remain the property of the OWNER.
1.3 This AGREEMENT shall be governed by and interpreted in accordance with the laws of the
Commonwealth of Massachusetts.
1.4 This AGREEMENT shall be binding upon the successors and assigns of each of the parties,
but neither party will assign this AGREEMENT without the prior written consent of the
other party. Consent shall not be unreasonably withheld.
1.5 All notices shall be in writing and transmitted by certified mail, return receipt requested to
the parties at the addresses stated in Article 12 - NOTICES of this AGREEMENT.
1.6 This AGREEMENT, including Appendices "A" through "C", is the entire AGREEMENT
between the parties. This AGREEMENT may be modified only by written agreement
signed by both parties. Wherever used, the terms OWNER and WSS shall include the
respective officers, agents, directors, elected or appointed officials, and employees.
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1.7 If any term, provisions, covenant or condition of this AGREEMENT is held by a court of
competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions
shall remain in full force and effect and shall in no way be affected, impaired or invalidated.
The parties agree to reform the contract between them to replace any such invalid or
unenforceable provision with a valid and enforceable provision that comes as close as
possible to the intention of the stricken provision.
1.8 If litigation is necessary to enforce the terms of this AGREEEMENT, there will be
mediation before litigation and the prevailing parry shall be entitled to reasonable attorney's
fees that are directly attributed to such litigation, in addition to an other relief to which it
may be entitled.
1.9 It is understood that the relationship of WSS to OWNER is that of independent contractor.
1.10 Neither party, one to the other, shall be considered a consumer nor a merchant pursuant to
any consumer or trade practices law or regulation, and the parties specifically agree that the
application of any such laws or regulations to the terms and conditions herein is
inappropriate.
1.11 If WSS personnel are called or subpoenaed for depositions, examination, or court
appearances in any dispute arising our of the PROJECT, WSS shall be reimbursed on a time
and materials basis in accordance with WSS' then -current, standard billing rates for such
matters, including all out-of-pocket costs incurred in connection with such matters.
1.12 Nothing in the AGREEMENT shall be construed to create in any third party or in favor of
any third parry any right(s), license(s), power(s), or privilege(s).
1.13 This AGREEMENT assumes permanent occupancy of the dwelling or facilities specified
herein. OWNER agrees to notify WSS should occupancy become seasonal.
1.14 Monitoring data provides information which contributes to the proper operation and
maintenance of the treatment system. OWNER agrees to providel, all monitoring data to
WSS in a timely manner.
1.15 OWNER grants WSS the authority to independently notify the appropriate regulatory
authority of any failure of the treatment system or of any event which may adversely affect
the performance of the treatment system. WSS shall also notify OWNER.
1.16 In the event the property is sold or otherwise transferred, the Owner agrees to promptly
notify WSS. WSS agrees to provide continuity of service for the party to whom this
contract is transferred under the same terms and conditions stated herein. Appendix B of
this AGREEMENT contains a Transfer Notice for use of the OWNER in notification of
WSS.
1.17 OWNER agrees that WSS has authority to use its name as a client and a general description
of the PROJECT as a reference for other prospective clients.
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1.18 The regulatory permit related to the PROJECT is presented in Appendix C.
2.1 Within the design capacity and capability of the PROJECT, operate and maintain the
PROJECT for the benefit of the OWNER at the frequency stated in paragraph 2.3 of this
AGREEMENT.
2.2 Perform all Maintenance and Repairs for the PROJECT, and document and submit
maintenance and repair reports on an annual bas's r more frequently at the request of the
OWNER. /`_ 6AJC Vts,t
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2.3 Maintain the Bioclere treatment unit on a asis (one visit repReetith) as follows:
a. Check general condition/appearance of unit.
b. Check vent flow, odor.
C. Check general condition of fan box including internal and external wiring, lock,
hatch, gaskets, etc.
d. Check quiet fan operation.
e. Check condition of cover locks, latches, and gaskets.
f. Check and characterize biomass.
g. Check recycle pump operation, timing, and effluent clarity.
h. Check dosing pumps' operation, timing, effluent clarity, and spray pattern.
i. Check general condition of dosing assembly. Clean nozzles if required.
j. Check general condition of control box including locks, gaskets, etc.
k. Check control box switches, alarms, timers, etc.
1. Complete and maintain service file.
2.4 Record the water meter reading during each regularly scheduled visit to perform
maintenance.
2.5 Staff the PROJECT with employees who have met the certification requirements of the
state of Massachusetts.
2.6 Provide twenty-four (24) hour per day coverage at the PROJECT to receive and respond, in
a timely fashion to the requests for emergency response of the OWNER. Coverage will be
provided by pager during hours that staff is not regularly scheduled to be at the PROJECT
site. Perform emergency repairs as needed, document said repairs and prepare and submit
emergency repairs reports to the OWNER as an attachment to the invoice for the services
provided. In any emergency affecting the safety of persons or property, WSS may act
without written amendment or change order, at WSS' discretion, to prevent threatened
damage, injury or loss. OWNER will compensate WSS for any such emergency work
notwithstanding the lack of a written amendment. OWNER will be invoiced for the
emergency work at the billing rates and expensed as provided for in paragraph 5.4 of this
AGREEMENT.
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2.7 In the event that the system alarm is activated or the system fails, the OWNER shall notify
WSS who shall notify the Massachusetts Department of Environmental Protection and the
local Board of Health within 24 hours and corrective action measures (emergency repairs)
will be taken immediately. WSS will not assume liability for failure to notify regulatory
authorities within 24 hours of alarm activation or system failure if OWNER fails to notify
WSS within that time period.
2.8 Provide to OWNER, in writing, on the day services begin under this Agreement, the name
of WSS' authorized representative.
2.9 Perform other services that are incidental to, but not included in, the Scope of Services as
directed by OWNER. Such services will be invoiced to OWNER at WSS' standard hourly
billing rates plus expenses including an expense markup of 15%, as more fully detailed in
paragraph 5.4 of this AGREEMENT.
OWNER shall:
3.1 Fund all necessary Capital Expenditures (as defined in Appendix A).
3.2 Keep in force all PROJECT warranties, guarantees, easements, and licenses that have been
granted to OWNER and are not transferred to WSS under this AGREEMENT.
3.3 Pay all property, franchise or other taxes associated with the PROJECT other than taxes
imposed upon WSS' net income.
3.4 Provide to WSS, in writing, on the day services begin under this AGREEMENT, the name
of OWNER'S authorized representative.
3.5 Arrange to provide WSS with the following:
a. Reasonable ingress and egress to the worksite by WSS and/or its authorized
subcontractors and their personnel and equipment.
b. Clean and unobstructed space and areas at the worksite for WSS equipment and
vehicles or those of WSS' authorized subcontractors.
C. Specifications (schematics, engineering drawings, and plot plans) detailing the
construction of facilities located underground or aboveground at the worksite that
pertain to the stated scope of work.
d. Prior to any boring, drilling, or excavation work being commenced by WSS, the
specific location of the work and identification of any underground obstructions or
utilities. Where OWNER is unable to provide WSS with specific locations of
concealed utilities or other underground installations, OWNER shall remain
responsible for any harm or injury resulting from contact with same.
e. Selection of qualified transporter(s) and disposal facility(ies) and delegation of
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authority to execute the waste generator portion of the waste manifest and waste
profile documents of the disposal facility(ies).
3.6 OWNER represents that all sampling ports are at ground level with access covers that may
be reasonably removed by one person.
3.7 OWNER further represents that access to the treatment system control panel may be readily
achieved during contract maintenance visits.
3.8 OWNER shall fund all direct costs.
3.9 OWNER shall sign all reports required to be submitted to regulatory or governmental
authorities.
ARTICLE 4 - COMPENSATION
4.1 WSS' compensation for performing operation and maintenance services of Articles 2.1
through 2.9 under this AGREEMENT shall consist of one -twelfth (1/12) the Annual Fee.
For the first year of this AGREEMENT, WSS' Annual Fee is $860.00.
4.2 The Annual Fee shall be negotiated each year two (2) months prior to the anniversary of the
effective date thereof using the result of dividing the most recently available CPI -Boston
index by the CPI -Boston index as of the effective date thereof.
4.3 Hourly billing rates of WSS personnel, when used, will be subject to change upon the one-
year anniversary of this AGREEMENT, and each year thereafter.
5.1 The appropriate portion of Annual Fee for the current year shall be due and payable on the
day that service is performed by WSS. The appropriate portion shall be the Annual Fee
divided by the number of scheduled maintenance visits per year contained herein.
5.2 All other compensation to WSS is due upon receipt of WSS' invoice and payable within
thirty (30) days.
5.3 OWNER shall pay interest at an annual rate equal to eighteen percent (18%), said rate of
interest not to exceed any limitation provided by law, on payments not paid and received
within thirty (30) calendar days, such interest being calculated from the due date of the
payment. In the event the charges hereunder might exceed any limitation provided by law,
such charges shall be reduced to the highest rate or amount within such limitation. In
addition, WSS may, after giving seven (7) days' written notice, suspend services under
any AGREEMENT without liability until all past due accounts (including fees and
accrued interest) have been paid. In the event WSS must take legal action to be paid for
its services and prevails, the OWNER shall reimburse all collection and legal costs
associated with such action.
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5.4 Where the method of payment for WSS' services is on a time and materials basis, the
following commercial terms apply:
a. For WSS employees, the minimum time segment for charging of fieldwork is 4
hours. For work done at any one of WSS' offices, it is one-half hour.
b. Hourly billing rates for WSS personnel for the first year of this AGREEMENT
shall be as follows:
Technician $60.00 per hour
c. Expenses properly chargeable to the PROJECT shall include travel and living
expenses of WSS personnel on business travel connected with the PROJECT;
equipment costs; shipping costs; reproduction; telecommunications costs at WSS'
standard rates; professional, analytical, technical subcontractors and suppliers;
expendable materials, supplies, tools, and equipment, including temporary facilities
purchased specifically for the PROJECT. If the services covered by any WSS
proposal are subject to local or state taxes or fees (except state income taxes), such
additional costs will be charged to the PROJECT and reimbursed by the OWNER.
6.1 OWNER and WSS shall negotiate an increase or decrease in WSS' Annual Fee in the
event of any change in PROJECT operation, reporting requirements, monitoring
requirements, water quality and effluent discharge requirements, the level of treatment
required, personnel qualifications or staffing required by any governmental agency having
jurisdiction to order such change that causes WSS' costs to change.
6.2 The OWNER has the right to negotiate with WSS for additional services not included in
the scope of services of this AGREEMENT.
7.1 The initial term of this AGREEMENT shall be 3 years commencing on
September 1, 2001, and ending on August 31, 2003. Thereafter, this AGREEMENT shall
be automatically renewed for successive terms of one (1) year each unless cancelled in
writing by either party no less than sixty (60) days prior to expiration.
7.2 A party may terminate this AGREEMENT only for a breach of the AGREEMENT by the
other party; and after giving written notice of breach; and, except for non-payment of
WSS' invoices, in which case termination may be immediate by WSS, only after allowing
the other party thirty (30) days to cure the breach or commence reasonable steps to cure
the breach.
7.3 The waiver of any breach of the AGREEMENT by either party, or the failure to give
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written notice of any breach of the AGREEMENT shall not constitute a waiver of any
subsequent breach of the AGREEMENT or be deemed to be a failure to give such notice
with respect to any subsequent breach of the AGREEMENT.
8.1 WSS hereby agrees to indemnify and hold OWNER harmless from any liability or
damages for bodily injury, including death, which may arise solely from WSS' negligence
under this AGREEMENT, whether such negligence be by WSS or by a subcontractor of
WSS. Nothing in this Agreement shall be construed to limit WSS' liability for indirect,
consequential or pollution damages resulting from WSS' negligence.
8.2 OWNER agrees to indemnify and hold WSS harmless from any liability or damages for
property damage or bodily injury, including death, which may arise from all causes of any
kind other than WSS's negligence.
8.3 WSS' liability to OWNER for any loss, damage, injury, claim, expense, fine, or penalty of
any kind or nature caused by the performance or non-performance of obligations pursuant
to the AGREEMENT shall be limited to general money damages in an amount equal to
the amount of any proceeds of insurance received by WSS with respect to such loss plus
any deductible amount. WSS shall not be liable for indirect or consequential damages,
including, but not limited to, loss of profits or revenue or loss of the use of the facilities,
based upon contract, negligence, or any cause of action, even if advised of the possibility
of such damages. WSS shall not be liable for pre-existing conditions at the PROJECT,
including the existence or migration of hazardous wastes, hazardous substances, or other
contaminants.
9.1 WSS shall maintain comprehensive general liability insurance, including vehicles,
insuring WSS' negligence in an amount not less than $1,000,000 combined single limits
for bodily injury and/or property damage.
9.2 OWNER shall maintain property damage insurance for all property, including vehicles,
owned by OWNER and operated by WSS under this AGREEMENT. Any property,
including vehicles, not properly or fully insured shall be the financial responsibility of the
OWNER.
113111i "211MINIKUTAID
10.1 WSS shall maintain statutory Worker's Compensation insurance coverage for all of its
employees at the PROJECT as required by the State of Massachusetts.
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11.1 Neither the OWNER nor WSS shall have breached this AGREEMENT by reason of any
failure to perform an obligation under this AGREEMENT if such failure arises out of a
cause beyond their control, including, but not limited to, acts of God or public enemy, acts
of federal or state governments, fires, floods, epidemics, volcanic eruptions, quarantine
restrictions, strikes, freight embargoes or unusually severe weather. Should either the
OWNER or WSS fail to perform because of a cause described in this paragraph, the
OWNER and WSS shall make mutually acceptable revision in the scope of services
schedule or compensation. However, this paragraph may not be used by either to avoid,
delay or otherwise affect any payments due to the other party.
11.2 In the event activities by OWNER'S employees groups or unions cause a disruption in
WSS' ability to perform at the PROJECT, OWNER, with WSS' assistance or WSS at its
own option, may seek appropriate injunctive court orders. During any such disruption,
WSS shall operate the facilities on a best-efforts basis until any such disruptions cease.
12.1 Any notice provided for under this AGREEMENT shall be deemed sufficient if in writing
and delivered personally to the following addresses or deposited in the United States mail,
postage prepaid, certified mail, return receipt requested, addressed as follows, or at such
other address as the receiving party shall hereafter specify in writing:
If to the OWNER: Wilfried Welsch
1507 Salem Street
North Andover, MA 01845
If to WSS: John A. Bocchino, Jr.
Vice President
WSS, Inc.
Five Centennial Drive
Peabody, MA 01960
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Both parties indicate their approval of this agreement by their signatures below, and each party
warranties that all corporate or governmental action necessary to bind the parties to the terms of this
AGREEMETN has been and will be taken.
,AUTHORIZED SIGNATURE:
�ohnA.cchino, Jr., Vice President
WSS, INC. d.b.a. Weston & Sampson
Services
DATE SIGNED:/ 13 /
G:\WSSWorth AndoverTiodere\Wetsch Contract 07.01.doc
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AUTHORIZED SIGNATURE:
Print Name:
Title:
DATE SIGNED:
WSS. Inc.
APPENDIX A
DEFINITIONS
A.1 "Annual Fee" means a predetermined, fixed sum for WSS' services. The Annual Fee
includes cost and profit.
A.2 "Capital Expenditures" means any expenditures for (1) the purchase of new equipment or
facility items that cost more than One Thousand Dollars ($1,000); or (2) major repairs
which significantly extend equipment or facility service life and cost more than One
Thousand Dollars ($1,000); or (3) expenditures that are planned, non -routine, and
budgeted by OWNER.
A.3 "Cost" means all Direct Cost and Labor Overhead determined on an accrual basis in
accordance with generally accepted accounting principles.
A.4 "Direct Cost" means the actual cost incurred for the direct benefit of the PROJECT
including, but not limited to, expenditures for project management and labor, employee
benefits, chemicals, lab supplies, repairs, repair parts, maintenance parts, safety supplies,
gasoline, oil, equipment rental, legal and professional services, quality assurance, travel,
office supplies, other supplies, uniforms, telephone, postage, utilities, tools, memberships,
and training supplies.
A.5 "Labor Overhead" means corporate administrative expenditures incurred by WSS to
support the PROJECT and OWNER.
A.6 "Maintenance" means those routine and/or repetitive activities required or recommended
by the equipment or facility manufacturer or by WSS to maximize the life of the
equipment, treatment plant, and associated facilities.
A.7 The "PROJECT" means all equipment, vehicles, grounds, rights of way, pipelines,
treatment plant, and associated facilities to which this AGREEMENT applies and where
appropriate, the management, operations and maintenance of such.
A.8 "Repairs" means those non -routine and/or non -repetitive activities required for operational
continuity, safety, and performance generally due to failure or to avert a failure of the
equipment, sewer, vehicle, or facility or some component thereof.
A.9 "Unforeseen Circumstances" shall mean any event or condition which has an effect on the
rights or obligations of the parties under this AGREEMENT, or upon the PROJECT,
which is beyond the reasonable control of the party relying thereon and constitutes a
justification for a delay in or non-performance of action required by this AGREEMENT,
including but not limited to (i) an act of God, landslide, lightning, earthquake, tornado,
fire, explosion, flood, failure to possess sufficient property rights, acts of the public
enemy, war, blockade, sabotage, insurrection, riot or civil disturbance, (ii) preliminary or
final order of any local, state or federal court, administrative agency or governmental body
of competent jurisdiction, (iii) any change in law, regulation, rule, requirement,
_10- WSS_ Inc.
interpretation or statute adopted, promulgated, issued or otherwise specifically modified or
changed by any local, state or deferral governmental body, (iv) labor disputes, strikes,
work slowdowns or work stoppages, but excluding labor disputes, strikes, work
slowdowns or work stoppages by employees of WSS; and (v) loss of or inability to obtain
service from a utility necessary to furnish power for the operation and maintenance of the
PROJECT.
GAWSS\North AndoverUoclereVelsch Contract 07.Ol.doc
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TRANSFER NOTICE
Date:
In accordance with the AGREEMENT between WSS, Inc. and
with respect to the property at
notice is hereby given of transfer of this property to:
Name:
Address:
Tel. No.:
Effective Date:
Therefore, please transfer this AGREEMENT from:
to:
\\PEABODY\DATA\PROJECTS\WSS\Bioclere contract.doc
Signature of OWNER
Signature of Assignee
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APPENDIX C
PROVISIONAL USE APPROVAL LETTER
(Attached)
-11-- WSS. Inc.
ARGEO PAUL CELLUCCI
Governor
JANE SWIFT
Licuttnant Governor
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
DEPARTMENT OF E VIRONMENTAL PROTECTION
ONE WINTER STREET, BOSTON, MA 02108 617-292-5500
BOB DURAND
Secretary
LAUREN A. LISS
Commissioner
RENEWAL OF CERTIFICATION FOR GENERAL USE
Pursuant to Title 5, 310 CMR 15.000
Name and Address of Applicant:
AWT Environmental Inc.
241 Douchaine Boulevard
New Bedford, MA 02745-1209
Trade name of technology and model numbers: Bioclere 16, 22, 24, and 30 series Units
(hereinafter the "Sy:,tem")
Transmittal Number: 96730
Date of Issuance:
Expiration date:
Authority for Issuance
Pursuant to Title 5 of the State Environmental Code, 310 CMR 15.000, the Department of
Eif)vironmental Protection hereby issues this Certification for General Use to: AWT
Environmental Inc., 241 Douchaine Boulevard, New Bedford, MA 02745-1209 (hereinafter "the
Company"), certifying for General Use in the Commonwealth of Massachusetts of the System
described herein. Salc 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.
erin l�.aas, Director Date
Division of Watershed Management
Department of Environmental Protection
This Information i4 avallable In alternate format "y calling aur ADM Cuordltnuar at (617 574-6872.
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Bioclere Renewal of Certification. for General Use
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.
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.
Il. Design Standards
1. The System shall be installed in series between the septic tank and the soil
absorption system (SAS) 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 sy:;tein as constructed in accordance with 310 CMR 15.100 through 15.279,
subjt;ct to the Provisions of this Certification.
2. The System, a fixed film reactor, consists of a fiberglass tank containing a
trickling filter section with inert plastic media, a clarifier and sump, a fan for
aeration, and dosing and recirculating pumps. Effluent from the septic tank is
sprayed over the plastic media and then enters the clarifier that separates solids
from the liquid. The liquid can be pumped or discharged by gravity to the SAS
and the solids are recycled to the septic tank.
III. 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 which specifically have been varied by the
terms of this Certification.
2. Any required operation and maintenance, monitoring and testing shall be
performed in accordance with a Deparo ent approved plan. Any required sample
analysis shall be conducted by an independeiit U.S. EPA or DEP approved testing
laboratory, or a DEP approved independent university laboratory, unless
otherwise provided in the Department's written approval. 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 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, wel ('are and the environment.
5. The Department has not determined th.a.tthe perforniaa,ce of the System will
provide a level of protection to public health and safety and the environment that
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Bioclere Renewal of Certification for General Use
is at least equivalent to that of a sewer system. Accordingly, no System skull be
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 and use of the System shall be in strict conformance with
the C:ompany's DEP approved plans and specifications, 310 CMR 15.000 and this
Certi fication.
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 skull 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;
contains procedures for notification to the Department and the
local board of health within five days of a System failure or alarm
event and for corrective measures to be taken immediately;
provides the name of an operator, which must be a Massachusetts
certified operator if one is required by 257 CMR 2.00, that will
operate and monitor the System. The operator must operate and
maintain the System at least every three months and anytime there
is an alarm event.
3. 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.
4. 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.
5. 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.
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Bloclere Renewal of Certification for General Use
N.
V
Conditions: Applicable to the Company
1. By January 31V;' 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 the System., 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 Certification is issued. Said notification shall include the name and
address of the proposed new owner and a written agreement between the e.cisting
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
rcqucsts 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
cop), 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
Syst-rm, 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.
Reporting
All notices and documents required to be submitted to the Department by this
Cccrtification shall be submitted to:
Director,
Watershed permitting program
Department of Environiliental Protection
One Winter Street - 6th floor
Boston, Massachusetts 02108
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Sioclere Renewal of Certification for General Use
VI. Rights of the Department
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 the 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 and/or the System against the owner or
operator of the System and/or the Company.
Vfl. Expiration Date
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 orxemoved, or requires
discharges to the System to cease.
General. Use Biodere - 96730
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