310 CMR, § 15.004

Current through Register 1536, December 6, 2024
Section 15.004 - Applicability
(1) The Approving Authority shall not approve the construction, upgrade, or expansion of an on-site subsurface sewage disposal system unless it is:
(a) a system serving or designed to receive only sanitary sewage from a facility where the total design flow generated on the facility, is less than 10,000 gallons per day;
(b) a system upgrade approvable in accordance with 310 CMR 15.403 or 310 CMR 15.404; or
(c) a facility for which subdivision approval has been obtained, to construct dwellings with a cumulative total design flow of 10,000 gpd or greater provided that a disposal system construction permit to construct a system in compliance with 310 CMR 15.000 on each of the subdivision lots to be served by a system is obtained and such separate subdivision lots are to be conveyed to independent owners.
(2) No system shall serve more than one facility except as explicitly allowed pursuant to 310 CMR 15.010 (division and aggregation) or 310 CMR 15.290 through 15.292 (shared systems).
(3) No new system shall be constructed, and no system shall be upgraded or expanded, if it is feasible to connect the facility, or any portion of the facility for which system approval is sought, to a sanitary sewer, except in the following circumstances and particularly to promote recharge of stressed basins, improve low stream flow, or address other local water resource needs:
(a) the system is an alternative system approved for use pursuant to 310 CMR 15.280 through 15.288 and the Department has made the determination that any person using such alternative system need not connect the facility to such sanitary sewer;
(b) the system fully complies with 310 CMR 15.000 and does not require:
1. a local upgrade approval, unless issued pursuant to 310 CMR 15.405(1)(a) or (b); or
2. a variance; or
(c) the owner of an existing system has obtained a variance from this requirement pursuant to 310 CMR 15.410 through 15.415.
(4) The provisions of 310 CMR 15.000 apply only to the on site collection, treatment and disposal of sanitary sewage, and to the transport and disposal of associated septage and grease, and do not apply to the wastewater containing wastes from any other activity including, but not limited to, activities under the Standard Industrial Classification (SIC) Codes set forth at 310 CMR 15.004(5). SIC Codes are established by the U.S. Office of Management and Budget and may be determined by referring to the publication Standard Industrial Classification Manual. Systems designed to dispose of only sanitary sewage from facilities subject to the following SIC codes may be approved under 310 CMR 15.000. Facilities discharging wastewater that contains wastes from activities under the SIC codes listed below may request a determination from the Department that the wastewater's constituents are substantially similar to sanitary sewage and may be discharged to an on-site septic system.

(5) SIC CODE(S)

INDUSTRY CATEGORY

753-7549

Automotive Repairs and Services

7231,7241

Beauty Shops, Barber Shops

7211-7219

Laundry Cleaning and Garment Services

4911,4925,4931,4939

Electric, Gas Services (Power Generation Gas Production Only)

4011 - 4581

Transportation (Maintenance Only)

8062 - 8069

Hospitals

2000 - 3999

Manufacturing

2000 - 2099

Food Products

2100 - 2199

Tobacco Products

2200 - 2299

Textile Mill Products

2300 - 2399

Apparel and Other Finished Products Made from Fabrics and Similar Materials

2400 - 2499

Lumber and Wood Products, Except Furniture

2500 - 2599

Furniture and Fixtures

2600 - 2699

Paper and Allied Products

2700 - 2799

Printing, Publishing and Allied Industries

2800 - 2899

Chemicals and Allied Products

2900 - 2999

Petroleum Refining and Related Industries

3000 - 3099

Rubber and Miscellaneous Plastics

3100 - 3199

Leather Tanning and Finishing

3200 - 3299

Stone, Clay, Glass and Concrete Products

3300 - 3399

Primary Metal Industries

3400 - 3499

Fabricated Metal Products (Except Machinery and Transportation Equipment)

3500 - 3599

Industrial and Commercial Machinery and Computer Equipment

3600 - 3699

Electronic and Other Electrical Equipment and Components, Except Computer Equipment

3700 - 3799

Transportation Equipment

3800 - 3899

Measuring, Analyzing and Controlling Instruments; Photographic, Medical and Optical Goods; Watches and Clocks

3900 - 3900

Miscellaneous Manufacturing Industries

(6) No person shall discharge or allow the discharge of wastes from the industry categories listed in 310 CMR 15.004(5) to any system regulated under 310 CMR 15.000. No system shall receive oil, hazardous materials or waste, medical wastes or radioactive wastes.
(7) No person shall discharge or allow the discharge of stabilized recreational vehicle wastes, stabilized boat wastes, stabilized motorcoach/bus wastes, stabilized portable toilet wastes, wastes from funeral homes, or vehicles washes to any system regulated under 310 CMR 15.000.
(8)310 CMR 15.000 prohibits the discharge of sewage to a dry well or open drain. Discharges to dry wells shall be in compliance with the Department's Underground Injection Control regulations at 310 CMR 27.00: Underground Injection Control Regulations. Backwash of water purification or filtration devices shall not be discharged to an on-site system. The owner of the dry well shall register the dry well in accordance with 310 CMR 27.00: Underground Injection Control Regulations.

310 CMR, § 15.004

Amended by Mass Register Issue 1499, eff. 7/7/2023.