SHARED SYSTEMSSHARED SYSTEMS2015 MASSDEP/ MHOA SEMINAR

SESSION OBJECTIVES

• Regulatory Requirements• Permitting Process• Technical• Legal

• Tools• Shared System Continuing Oversight

REGULATIONS

• Permitted under 310 CMR 15.290 - 15.293• Two important parts of application• Legal

• Technical

• Standards of review• Upgrade

• New construction

• After-the-fact division of facility

APPLICATION PROCESS

TECHNICAL REVIEW• Plans defining shared system and facilities

served• Demonstration plan, if required• O&M plan, if needed

TECH STANDARDS

• Upgrade• New construction• After-the-fact division of facility

UPGRADES

• Confirm sizes of existing facilities to be served• Make sure there is no new construction

NEW CONSTRUCTION

CLUSTER DEVELOPMENT• Local zoning

ordinances/by-laws (MGL c 40 A s 9)

• 310 CMR 15.002• Coordinate with

planning board

NON-CLUSTER• Demonstration plan• Consistent with pre-

April 21, 2006 Title 5 regulations

New Construction - Cluster

New Construction - NonCluster

AFTER-THE-FACT FACILITY DIVISION• Existing facility• Property is proposed to be divided• System(s) must be inspected• If system(s) passes,• Technical• Legal

AFTER-THE-FACT SHARED EXAMPLES• Family compound or camp comprised of multiple

dwellings• Commercial property comprised of multiple

buildings• Combination development• Inn in Rockport with family dwellings on the

property

APPROVAL PROCESS• Oversight issues – to be discussed next• Inspection of other components• What is shared?• What is not?• When do septic tanks get inspected if not part

of shared system?• Things to think about

LEGAL REVIEW

• Shared system components• Form of Ownership for each component of the shared

system• Trust• LLC

• Financial assurance mechanism• Grant of Title 5 Covenant and Easement

OVERSIGHT• Board of Health• Inspected every 3 years

• Ownership Entity• Inspected every 3 years

• Funding

• Operation/maintenance

• Oversight of users

• Policing Authority

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#ERO CONTACT

Presenter #1E-mailPhone