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HomeMy WebLinkAboutDEP Provisional Use Approval Renewal � � � � �c�mrnc�r�w��lt� �f f�a���c��s�t�t� �x��uuiv� C��fice c�f �€��:r�gy ��r�vi:^�sr���er�t�� �ff�irs �� ��e o� �i�� � I r � c��i� �ln� �I���r i��ee� ��s�n, (�tA o2�C�8•�1�-���-5��� ��w:�;r�� � ��r�i�~� r�G:;�.i��n!c�� ;��iy-,��a���;. 3�:�irerrr;c�r ��r.:r;�°��r.n 1�i;+,sl�£`�".�`t";;<�i- �-�r iT�3s5'E i s��;f3 Y':�>�P PROVISIONAL USE APPROVAL RENEWAL Pursuant to Title 5, 310 CMR 15.000 Name and Address of Applicant: Siegmund Environmental Services, Inc. 49 Pavilion Avenue Providence, RI 02905 Trade name of technology and models: Singulair 960 DN, models 600, 750, 1000, 1250 and 1500, and Singulair 960 DN Green 600 (plastic tank) (hereinafter the `System' or the `Technology'). Owner and Operator manuals, installation manual, schematic drawings illustrating the System models and technology inspection checklist are part of this Certification. Transmittal Number: X240509 Date of Issuance: August 16, 2012, revised May 22, 2014 Expiration date: August 16, 2017 Authority for Issuance Pursuant to Title 5 of the State Environmental Code, 310 CMR 15.000, the Department of Environmental Protection(hereinafter"the Deparhnent")hereby issues this Provisional Approval to: Siegmund Environmental Services, Inc.,49 Pavillion Avenue, Providence, RI 02905 (hereinafter"the Company"), approving the Singulair 960 DN (nitrogen reducing) (hereinafter"the Technology" or"System") for use in the Commonwealth of Massachusetts subject to the conditions herein. Sale and use of the Technology is subject to compliance by the Company, the Designer,the System Installer,the Operator(or `Service Contractor'), and the System Owner with the terms and conditions herein. Any noncompliance with the terms or conditions of this Certification constitutes a violation of 310 CMR 15.000. �� 2 14 Mav 22, 0 David Ferris, Director Date Wastewater Management Program Bureau of Resource Protection This information is avaitable in atternate format.Ca36 hRichelbe Waters-Ekanem,Diversity Director,at 817-292-5751.TDD#1-8$8-533-7622 or 1-817-57d-686$ hlassDEF'J'lebsite:�mxw.mass.gavidep Printed on Reeyeled Paper i a Renewal of Provisional Use Approval,revised May 22,2014 Page 2 of 17 Singulair 960 DN and 960 DN Green 600,less than 2,000 GPD I. Purpose Subject to the conditions of this Approval and any other local requirements, the purpose of this Approval is to allow installation and operation of at least 50 on-site sewage disposal systems utilizing the Technology in Massachusetts in order to conduct a performance evaluation of the capabilities of the Technology during the first 3 years of operation of each system, in accordance with Title 5 —310 CMR 15.286 (7),Provisional Approval ofAlternative System. The specific goal of the Performance Evaluation is to determine if the Technology is capable of consistently meeting the concentration limits for total nitrogen(TN) of 19 or 25 milligrams per liter (mg/L) for installations with design flows less than 2,000 GPD, in the effluent discharged to the soil absorption system. In areas subject to nitrogen loading limitations, increases in the discharge rate per acre may be allowed when the nitrogen concentration discharged to the soil is reduced. The Company is responsible for oversight and sampling of the Systems during the Performance Evaluation. The System Owner has responsibility for continued oversight and sampling of the system if the property served was allowed to increase the discharge rate per acre above 440 gallons per day per acre(gpda) in an area subject to Nitrogen Loading Limitations or if the property served has a design flow of 2000 GPD or more located in a Nitrogen Sensitive Area. The System Owner will be required to repair, replace, modify or take any other action as required by the Department or the local approving authority, if the Department or the local approving authority determines that the System is not capable of ineeting the required reduction in nitrogen in the effluent. With the other applicable permits or approvals that may be required by Title 5, this Approval authorizes the installation and use of the Alternative System in Massachusetts. All the provisions of Title 5, including the General Conditions for all Alternative Systems (310 CMR 15.287), apply to the sale, design, installation and use of the System, except those provisions that specifically have been varied by this Approval. II. General Description of the Technology The System is installed between the building sewer and the SAS. Systems designed for facilities in excess of 1,000 GPD require installation of a pretreatrnent-septic tank sized in accordance with the Company's requirements and constructed in accordance with 310 CMR 15.223 through 15226. The System utilizes extended aeration, activated sludge and filtration to treat sanitary wastewater. The treatment process takes place in a three-compartment processing tank made of precast concrete or similarly sized three-compartment plastic tank(Green model). The first compartment is a pretreatment chamber for settling solids that provides some anaerobic decomposition during an approximately 12-hour residence time. The second chamber is for aeration, an aerator motor with an aspirator shaft draws air into the water providing 30 minutes per hour of aeration. The third chamber provides settling and clarification of the aerated wastewater. Activated sludge is recirculated to the aeration chamber by the Bio-Static sludge return located within the third chamber. Approximately 10 to 15 percent of the design flow is returned to the aeration tank. A Bio-Kinetic System is located within the settling zone in the clarification chamber. The Bio-Kinetic System(or filter)provides non-mechanical flow equalization using inflow ports (located for design flow, sustained flow and peak flow), filtration and final settling prior to effluent discharge. Renewal of Provisional Use Approval,revised May 22,2014 Page 3 of 17 Singulair 960 DN and 960 DN Green 600,less than 2,000 GPD The treated wastewater from the Bio-Kinetic System discharges from the Singulair processing tank to a recirculation chamber. A small pump located within the recirculation chamber(vertical oriented plastic pipe) re-circulates approximately 12% to 18% of the treated wastewater to the inlet pipe of the processing tank's first chamber. This process provides the required food source for the completion of the de-nitrification process. The pump discharges the remainder of the effluent either to a final pump chamber and pressure distributed soil absorption system(SAS) or to a distribution box for gravity discharge to a soil absorption system(SAS). The System includes a weather-tight enclosed control panel with aerator controls, manual reset circuit breaker, on-off automatic selector switch, adjustable timer mechanism and an audible/visual warning system to report malfunctions. The panel also contains the recirculation pump controls including high water level override and high water alarm. The alarm and control circuits are each connected to an independent power source run from the main power source of the facility. Singulair Green Special Considerations The Singulair Green model installations with plastic tank are not designed for traffic loading. No Green System shall be located or installed in a velucle traffic area. Siting of the 960 DN Green 600 in a location subject to vehicular loading is specifically prohibited by this Approval. Where vehicles can possibly access an installed Singulair Green System site, suitable warnings shall be installed. The maximum burial depth for the Singulair Green model shall not exceed 16.5 inches. For deeper burials the System Designer shall consult with NORWECO, Inc. and their `Deeper Burial Requirements' for the Green plastic tank model. Buoyancy Calculation Requirement All proposed Singulair installations, including the Green model, shall require buoyancy calculations in locations with high groundwater elevation. Tie downs and associated anchors, such as the anti- flotation beams available from NORWECO, Inc, may be required to prevent tank floatation. The buoyancy calculations shall be included on the Title 5 septic system plan for each System installation. System buoyancy calculations shall include consideration of the high groundwater elevation developed as required by 310 CMR 15.100 through 15.105. Design plans prepared in accordance with 310 CMR 15.220 shall include System anchoring and backstay details when necessary. The use of the Technology under this Approval requires: • Disclosure Notice in the Deed to the property; • Certifications by the Company, the Designer, and the Installer; • System Owner Acknowledgement of Responsibilities; • A certified operator under contract for periodic inspection and maintenance; • Periodic sampling; • Recordkeeping and reporting; and • An external power supply Renewal of Provisional Use Approval,revised May 22,2014 Page 4 of 17 Singulair 960 DN and 960 DN Green 600,less than 2,000 GPD III. Conditions of Approval A. Basis for Conditions 1. The term"System"refers to the Technology in combination with any other components of an on-site treatment and disposal system that may be required to serve a Facility in accordance with 310 CMR 15.000. 2. The term"Approval"includes the Special Conditions, Standard Conditions, General Conditions of 310 CMR 15.287 and the approved Attachments. 3. Items required by this Approval include: a) Performance Evaluation Plan(PEP)with sampling and analysis requirements and approved by the Department. The PEP must be submitted to the Deparhnent for review and approval within 60 days of issuance of this Approval and meet the requirements of the Department's Guidance for the Preparation of Performance Evaluation Plans < 2,000 GPD; b) minimum System installation requirements; c) company schematic drawings and specifications; d) Owner's Manual, including information on substances that should not be discharged to the System; e) Operation and Maintenance manual, including but not limited to, operator qualification requirements, inspection requirements, sampling and analysis requirements, recordkeeping requirements, and/or reporting requirements; and � MassDEP Operation and Maintenance (O&M) and I/A Technology Inspection Checklists. B. Special Conditions 1. Department review and approval of the System design and installation is not required unless the Department deternunes on a case-by-case basis pursuant to its authority at 310 CMR 15.003(2)(e) that the proposed System requires Department review and approval. 2. System installations must meet the specific siting conditions for Provisional Use provided in 310 CMK 15286(4) and the facility must meet the siting requirements of this Approval. 3. Any System for which a complete Disposal System Construction Permit Application is submitted while this Approval is in effect, may be permitted, installed, and used in accordance with this Approval unless the Department, the local approval authority, or a court requires the System to be modified or removed or requires discharges to the System to cease. 4. The System Owner shall provide access to the site for purposes of sampling the System in accordance with the Company's technology Performance Evaluation Plan approved Renewal of Provisional Use Approval,revised May 22,2014 Page 5 of 17 Singulair 960 DN and 960 DN Green 600,less than 2,000 GPD by the Deparhnent, in addition to providing access for perfornling inspections, maintenance, repairs, and responding to alarm events. 5. The System Owner shall ensure that no permanent buildings or structures, other than the System, are constructed in the area for the installation of all the components of a fully conforming Title 5 system with a reserve area. The area for a fully confornung Title 5 system with a reserve area shall not otherwise be disturbed by the System Owner in any manner that will render it unusable for future installation of a fully conforming Title 5 system. 6. The Department has not deternuned 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 sanitary sewer system. If it is feasible to connect a new or existing facility to the sewer, the Designer shall not propose an Alternative System to serve the facility and the facility Owner shall not install or use an Alternative System. When a sanitary sewer connection becomes feasible after an Alternative System has been installed, the System Owner shall connect the facility served by the System to the sewer within 60 days of such feasibility and the System shall be abandoned in compliance with 310 CMR 15.354, unless a later time is allowed in writing by the Department or the Local Approving Authority. 7. The System control panel including alarms shall be mounted in a location accessible to the System Operator. 8. For any System that does not flow by gravity to the SAS, the System shall be equipped with sensors and high-level alarms to protect against high water due to pump failure, pump control failure, loss of power, or system freeze up. The control panel including alarms and controls shall be mounted in a location always accessible to the operator(or service contractor). Emergency storage capacity for wastewater above the high level alarm shall be provided equal to the daily design flow of the System and the storage capacity shall include an additional allowance for the volume of all drainage which may flow back into the System when pumping has ceased. Instead of providing emergency 24-hour storage, an independent standby power source may be provided for operation during an interruption in power. With any interruption of the power supply the source must be capable of automatically activating in addition to manual start up capability. The standby power must be sufficient to handle peak flows for at least 24 hours and sufficient to meet all power needs of the System including, but not limited to,pumping, ventilation, and controls. Standby power installations must be inspected and exercised at least annually and all automatic and manual start up controls must be tested. Standby power installations must comply with all applicable state and local code requirements. Provided that a standby power installation complies with these requirements,no variance is required to the provisions of 310 CMR 15231(2). 9. System unit malfunction and high water alarms shall be connected to circuits separate from the circuits to the operating equipment and pumps. Renewal of Provisional Use Approval,revised May 22,2014 Page 6 of 17 Singulair 960 DN and 960 DN Green 600,less than 2,000 GPD 10. All System control units, valve boxes, conveyance lines and other System appurtenances shall be designed and installed to prevent freezing per the Company's recommendations. - 11. Any System structures with exterior piping connections located within 12 inches or below the Estimated Seasonal High Groundwater elevation shall have the connections made watertight with neoprene seals or equivalent. 12. In compliance with 310 CMR 15.240(13), a minimum of one (1) inspection port shall be provided within the SAS consisting of a perforated four inch pipe placed vertically down into the stone to the naturally occurring soil or sand fill below the stone. The pipe shall be capped with a screw type cap and accessible to within three inches of finish grade. Operation and Maintenance 13. Inspection, operation and maintenance (O &M), sampling, and field testing of the System required by this Approval shall be performed by a System Operator with the following qualifications: a) is an approved System Inspector in accordance with 310 CMR 15.340; b) has been trained by the Company and whose name appears on the Company's current list of qualified operators; and c) has been certified at a minimum of Grade Level N (four)by the Board of Registration of Operators of Wastewater Treatment Facilities, in accordance with Massachusetts regulations 257 CMR 2.00. The name of the Operator shall be included in the O&M agreement required by paragraph B(14). 14. Prior to the use of the System, the System Owner shall enter into an O&M Agreement with a qualified contractor and submit the Agreement to the Approving Authority and the Company. The Agreement shall be at least for one year and include the following provisions: a) The name of the qualified Operator that appears on the Company's current list of Service Contractors; b) The System Operator must have the qualifications specified in paragraph B(13); c) The System Operator must inspect the System in accordance with the Approval and anytime there is an equipment failure, System failure, or other alarm event; d) In the case of a System failure, an equipment failure, alarm event, components not functioning as designed or in accordance with the Company specifications, or violations of the Approval, procedures and responsibilities of the Operator and System Owner shall be clearly defined for corrective measures to be taken immediately. The System Operator shall agree to provide written notification within five days describing corrective measures taken to the System Owner,the Company, and the local board of health; e) The System Operator shall determine the cause of total nitrogen effluent limit violations if they occur and take corrective actions in accordance with the approved O&M Manual, and fl Procedures and responsibilities for recording quarterly or monthly wastewater flows must be defined, see paragraph C(7),Flow Metering. Renewal of Provisional Use Approval,revised May 22,2014 Page 7 of 17 Singulair 960 DN and 960 DN Green 600,less than 2,000 GPD 15. At all times, the System Owner shall maintain an O&M Agreement that meets the requirements of paragraph C(9). 16. The System Owner and the System Operator shall properly operate and maintain the system in accordance with this Approval, the Designer's operation and maintenance requirements, and the requirements of the local approving authority. RecoYdkeeping and Reporting 17. Upon determining that the System has failed, as defined in 310 CMR 15.303, the System Operator shall notify the System Owner immediately. 18. Upon determining that the System has failed, as defined in 310 CMR 15.303, the System Owner and the System Operator shall be responsible for the notification of the local approving authority within 24 hours of such deternunation. 19. In the case of a System failure, an equipment failure, alarm event, components not functioning as designed or in accordance with the Company specifications, or any violations of the Approval,the System Owner and the System Operator shall be responsible for the written notification of the local approving authority and the Company within five days describing corrective measures taken. 20. Within 60 days of any site visit, the System Operator shall submit an O&M report and inspection checklist to the System Owner and the Company. The O&M report and inspection checklist shall include, at a minimum: a) wastewater analyses, wastewater flow data, and field testing results; b) for a System failing, any corrective actions taken; c) any violations of the Approval; d) any determinations that the System or its components are not functioning as designed or in accordance with the Company specifications; and e) any other corrective actions taken ar recommended. 21. By September 30th of each year,the System Owner and the Service Contractor shall be responsible for submitting to the local approving authority all monitoring results with all O&M reports and inspection checklists completed by the System Operator during the previous 12 months. 22. By September 30th of each year,the Service Contractor shall be responsible for submitting to the Company copies of all O&M reports including alarm event responses, all monitoring results, violations of the Approval, inspection checklists completed by the Service Contractor, notifications of system failures, and reports of equipment replacements with reasons during the previous 12 months. 23. A copy of the wastewater analyses, wastewater flow data, field testing results, and System Operator O&M reports and inspection checklists shall be maintained by the Company. It is recommended the System Owner also maintain copies of these items. Renewal of Provisional Use Approval,revised May 22,2014 Page 8 of 17 Singulair 960 DN and 960 DN Green 600,less than 2,000 GPD 24. The System Owner shall notify the Approving Authority in writing within seven days of any cancellation, expiration or other change in the terms and/or conditions of the O&M Agreement required by Paragraph B(14). 25. The System Owner and the Service Contractor shall maintain copies of the Service Contractor's O&M reports, inspection checklists, and all reports and notifications to the Local Approving Authority(`LAA' or `Board of Health') for a minimum of five years. C. Special Conditions for System Siting and Effluent Monitoring The Technology is approved for use with a System serving a facility with a maximum design flow of less than 2,000 gallons per day, subject to the following additional conditions: 1. The System may only be installed to serve facilities where a fully conforming Title 5 system with a reserve area exists on-site or could be built on-site in compliance with the design standards for new construction of 310 CMR 15.000, and for which a site evaluation in compliance with 310 CMR 15.000 has been approved by the Approving Authority. A fully confornung Title 5 system may include other approved alternative technologies in accordance with the conditions imposed on the alternative technologies. 2. Subject to the provisions of this Approval, the Technology shall be installed in a manner which neither intrudes on, replaces a component of, or adversely affects the operation of all other components of the System designed and constructed in accordance with the standards for new construction of 310 CMR 15.200 - 15.279. Effluent Limit and Monitoring Requirements 3. If the System is installed to serve new construction in an area that is subject to the Nitrogen Loading Limitations of 310 CMR 15.214 and the facility does not meet with the Nitrogen Loading Limitations pursuant to the aggregation provisions of 310 CMR 15.216, the System shall not be designed to receive and shall not receive more than 440 gallons_of_�,esign A��u p.ex_da�C per acre.(g�da),except: - _ _._ �'�a) For any facility, an increase in the flow rate per acre is allowed up to a design flow , ; � �� up to 550 gpda provided that the facility meets a TN effluent limit of 25 mg/1 or less, ' � L ' . `'�'� , �' ° � � � �� or . _ _ _ _ � � "�'�� ' b) For residential facilities only an increase in the flow rate per acre is allowed up to a �� `� fT�' t� design flow up to 660 gpda provided that the facility meets a TN effluent limit of 19 mg/1 or less. The System Owner shall repair, replace,modify or take any other action as required by the Deparhnent or the local approving authority, if the Department or the local approving authority determines that the System is not capable of ineeting the total nitrogen concentration limits in the effluent. Violation of the TN concentration in the System effluent shall not require notifications as required in paragraphs B(17) and B(18). 4. Prior to Department approval of the Company's Performance Evaluation Plan, the Company shall be responsible for the following monitoring requirements for all System Renewal of Provisional Use Approval,revised May 22,2014 Page 9 of 17 Singulair 960 DN and 960 DN Green 600,less than 2,000 GPD installations that are subject to a total nitrogen concentration limit in accordance with paragraph C(3). Sampling shall include pH, BODS, TSS and Total Nitrogen,unless otherwise stated. Flow shall be recorded at each inspection, see"Flow Metering"below. x , _ � , a Year-round facilities shall be ins ected and effluent sam led uarterl_ . � a�L� '����� � ) P _ -- p_ q _ Y � � � � ��,�. b) Seasonal properties shall be inspected and effluent sampled a minimum of twice per ��;r 1�e�� year, with at least one annual sample taken 30 to 60 days after seasonal occupancy and a second sample taken no less than 2 months after the first sample. x A ��i � 1�' c) After 12 rounds of monitoring, sampling may be reduced to TN only quarterly. �2�`�'` �' � 3.,��� ,�, Reduced sampling shall also include Field Testing of System wastewater when t�� ��`' '�~ � determined necessary by the operator, see DEP Field Testing Protocol at '' `��� http://www.mass.gov/dep/water/laws/policies.htm#t5pols. Properties occupied at least 6 months per year are considered year-round properties. Properties occupied less than 6 months per year are considered seasonal properties. 5. During the Performance Evaluation period,the Company shall follow the monitoring requirements specified in the Performance Evaluation Plan for installed Systems. 6. After the three(3)year Performance Evaluation period by the Company and approval by the Department, and until this Approval is modified, ternunated, or superseded by a General Use Certification, the System Owner shall comply with the following monitoring requirements if the System is subject to a total nitrogen concentration limit in accordance with paragraph C(3). t4���,������� a) Year-round properties shall be inspected and sampled for at least the TN parameter a - minimum of twice/year, at least 5 months apart and with at least one sample taken , d, '�� ) between December 1 and March 1 of each year. Field testing shall be completed as ';� `"'� ;,�'' .,ti��,� , determined necessary by the System operator, see DEP Field Testing Protocol at � http://www.mass.gov/dep/water/laws/policies.htm#tSpols. Water meter readings �� shall be recorded at each inspection, see "Flow Metering"below. b) Seasonal properties shall be sampled for at least the TN parameter a minimum of twice/year. At least one annual sample must be taken 30 to 60 days after each seasonal occupancy. A second sample must be taken no less than 2 months after the first sample. Field testing of the System shall be completed as determined necessary by the operator. Water meter readings shall be recorded at each inspection, see "Flow Metering"below. 7. Flow Metering—For Alternative Systems installed under Provisional Approval, wastewater flow data shall be reported each time the System is inspected and/or sampled by the Service Contractor. At a minimum,wastewater flow shall be based on: a) actual water meter data of flow to fixtures that discharge to the wastewater system; or b) actual water meter data for the total facility with either metered or estimated flows for non-wastewater flow subtracted from the total facility water usage. If estimating the wastewater flow as a portion of total metered water usage, the Service Contractor shall provide the method of estimating, such as pump run times, occupancy rates, adjusting for seasonal outdoor water use, etc. Renewal of Provisional Use Approval,revised May 22,2014 Page 10 of 17 Singulair 960 DN and 960 DN Green 600,less than 2,000 GPD 8. Field Testing: Turbidity,pH and Apparent Color- Turbidity,pH, DO and apparent color shall be measured and/or recorded when determined necessary by the operator. See applicable sections of the Department's Field Testing Protocol at http://www.mass.gov/ dep/water/laws/policies.htm#tSpols. 9. At a minimum, the Service Contractor shall inspect, properly operate, and properly maintain the System: a) any time there is System failure, equipment failure, or an alarm event; b) in accordance with the O&M manual and Designer requirements; c) in accordance with the requirements of the Local Approving Authority; d) in accordance with the Approval; and e) for seasonal use, the Service Contractor shall be on-site and responsible for the proper start-up and shut down of the Alternative System. The System Operator shall collect samples and obtain analysis results from an approved lab,perform field testing required by the Approval and submit results within 60 days of the site visit to the System Owner. 10. If the Company successfully demonstrates the effectiveness of the System to reduce nitrogen loadings during the Performance Evaluation period, a minimum of three years, the System Owner shall operate the System subject to the requirements of the General Use Certification, if issued, for this technology. D. Special Conditions Specific to the Company 1. The Approval shall only apply to model units with the same model designations specified in this approval and meet the same specifications, operating requirements, and plans, as provided by the manufacturer at the time of the application. Any proposed modifications of the units shall be subject to the review of the Department for coverage under the Approval. 2. Prior to submission of an application for a DSCP,the Company shall provide to the Designer and the System Owner: a) All design and installation specifications and requirements; b) An operation and maintenance manual, including: i) an inspection checklist; ii) recommended inspection and maintenance schedule; iii) monitoring(i.e. water use and power consumption) and sampling procedures, if any; iv) alarm response procedures, if any, and troubleshooting procedures; c) An owner's manual, including proper system use and alarm response procedures, if any; d) Estimates of the Owner's costs associated with System operation including, when applicable: power consumption, maintenance, sampling, recordkeeping,reporting, and equipment replacement; e) A copy of the Company's warranty; and Renewal of Provisional Use Approval,revised May 22,2014 Page 11 of 17 Singulair 960 DN and 960 DN Green 600,less than 2,000 GPD � Lists of Designers, Installers, and Service Contractors. � 3. The Company shall implement the Performance Evaluation Plan, as submitted and approved by the Department, and shall be responsible for all data collection and submissions to the Departrnent until a final determination on the Performance Evaluation has been made by the Department. 4. Until a final deternunation has been made by the Department on a completed Performance Evaluation,the Company shall submit to the Department an annual report by February 15�'of each year that includes the following: a) a table of all sample data collected for all systems installed to date and all information required by the Department as part of the approved Performance Evaluation Plan; b) status of preparation of a Performance Evaluation Plan if not yet provided to MassDEP, or any recommended changes to the approved Performance Evaluation Plan; c) a list of pending applications for system installations which have been submitted to local approving authorities, and d) identification of any System after start-up in violation of the Approval or not in compliance with any performance criteria at the time of the annual report, the reasons for the noncompliance and the status of any corrective actions that are needed, and e) any recommendations and requests for changes to the system monitoring and reporting plan or the performance criteria of the Approval. The report shall be signed by a corporate officer, general partner or the Company owner. (Service Contractor records submitted to the Company should not be included with the annual report to the Department, but shall be made available to the Deparhnent within 30 days of a request by the Deparhnent.) 5. The Company shall institute and maintain a program of Installer training and continuing education that is at least offered annually. The Company shall maintain and annually update, and make available the list of qualified Installers by February 15�'of each year. The Company shall certify that the Installers on the list have taken the training and passed the Company's training qualifications. 6. The Company shall institute and maintain a program of Designer training and continuing education, as approved by the Department. The Company shall maintain and annually update, and make available the list of qualified Designers by February 15�'of each year. The Company shall certify that the Designers on the list have taken the training and passed the Company's training qualifications. 7. The Company shall institute and maintain a program of Operator training and continuing education, as approved by the Department. The Company shall maintain and annually update, and make available the list of qualified Operators by February 15�'of each year. The Company shall certify that the Operators on the list have taken the training and passed the Company's training qualifications. Renewal of Provisional Use Approval,revised May 22,2014 Page 12 of 17 Singulair 960 DN and 960 DN Green 600,less than 2,000 GPD 8. The Company shall not sell the Technology to an Installer unless the Installer is trained to install the System by the Company. 9. Prior to its sale of any System that may be used in Massachusetts, the Company shall provide the purchaser with a copy of the Approval with the System design, installation, O&M, and Owner's manuals. In any contract for distribution or sale of the System,the Company shall require the distributor or seller to provide the purchaser of a System for use in Massachusetts with copies of these documents,prior to any sale of the System. 10.Within 60 days of issuance by the Deparhnent of a revised Approval, the Company shall provide written notification of changes to the Approval to all Service Contractors servicing existing installations of the Technology and all distributors and resellers of the Technology. 11. The Company shall provide written notification to the Department's Director of the Wastewater Management Program at least 30 days in advance of the proposed transfer of ownership of the Technology far which the Approval is issued. Said notification shall include the name and address of the proposed owner containing a specific date of transfer of ownership, responsibility, coverage and liability between them. 12.The Approval shall be binding on the Company and its officers, employees, agents, contractors, successors, and assigns, including but not limited to dealers, distributors, and resellers. Violation of the terms and conditions of the Approval by any of the foregoing persons or entities, respectively, shall constitute violation of the Approval by the Company unless the Deparhnent determines otherwise. IV. Certification and Notification Requirements 1. Thirty(30) days prior to submitting an application for a DSCP, the Company or its representative shall provide to the Approving Authority a certification, signed by the owner of record for the property to be served by the unit, stating that the property owner: a) has been provided a copy of the Provisional Use Approval and all attachments and agrees to comply with all terms and conditions; b) has been informed of all the owner's costs associated with the operation including power consumption,maintenance, sampling,recordkeeping, reporting, and equipment replacement; c) understands the requirement for a contract with a company approved operator and has been provided a current list of all approved operators; d) agrees to fulfill his responsibilities to provide a Deed Notice as required by 310 CMR 15.287(10) and the Approval; and e) agrees to fulfill his responsibilities to provide written notification of the Approval conditions to any new owner, as required by 310 CMR 15.287(5). 2. Upon submission of an application for a DSCP to the Approving Authority, the Company shall submit to the Local Approving Authority, with a copy to the Designer and the System Owner, a certification by the Company or its authorized agent that the design conforms to this Approval and that the proposed use of the System is consistent with the unit's capabilities and all Company requirements. The review shall include evaluation of the need for installation of water meter(s) at each facility. An authorized Renewal of Provisional Use Approval,revised May 22,2014 Page 13 of 17 Singulair 960 DN and 960 DN Green 600,less than 2,000 GPD agent of the Company responsible for the design review shall have received technical training in the Company's products. 3. The System Designer shall be a Massachusetts Registered Professional Engineer or a Massachusetts Registered Sanitarian. 4. Thirty(30) days prior to delivery of the treatment unit to the site for installation, the Company shall provide to the Approving Authority a copy of a signed contract for a minimum period of one year with a Company approved Operator and the initial Owner/Occupant of the property. 5. Prior to the commencement of construction, the System Installer must certify in writing to the Designer and the System Owner that(s)he has taken the Company's training, passed the Company's training qualifications, and is listed on the Company's list of Installers. 6. Prior to the issuance of a Certificate of Compliance by the Approving Authority: a) In accordance with 310 CMR 15.021(3), the System Installer and Designer must certify in writing that the System has been constructed in compliance with 310 CMR 15.000, the approved design plans, and all local requirements, including any local approving authority site-specific requirements; b) In accordance with 310 CMR 15.021(3), the Designer must certify in writing that any changes to the design plans have been reflected on as-built plans which have been submitted to the Approving Authority by the Designer; c) As a condition of this Approval, the System Installer and Designer must certify to the Approving Authority in writing that the System has been constructed in compliance with the terms of this Approval; d) An authorized agent of the Company must certify to the Approving Authority in writing that the installation was done by a qualified Installer approved by the Company and the installation conforms to this Approval. The authorized agent of the Company responsible for the inspection of the installation shall have received technical training in the Company's products; and e) Prior to signing any agreement to transfer any or all interest in the property served by the system, or any portion of the property, including any possessory interest, the System Owner shall provide written notice of all conditions contained in the Approval to the transferee(s), as required by 310 CMR 15.287(5). Any and all instruments of transfer and any leases or rental agreements shall be included as an e�iibit attached thereto and made a part thereof of a copy of the Approval for the System. The System Owner shall send a copy of such written notification(s)to the Local Approving Authority within 10 days of such notice to the transferee(s). V. Standard Conditions 1. The provisions of 310 CMR 15.000 are applicable to the design, installation, use and operation of a System utilizing an approved or certified alternative technology, except those provisions that specifically have been varied by the conditions of this Approval. Renewal of Provisional Use Approval,revised May 22,2014 Page 14 of 17 Singulair 960 DN and 960 DN Green 600,less than 2,000 GPD 2. The design, installation, and use of the System must conform to the terms and conditions of the Approval and the Department approved attachments. 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. Standard Conditions A�plicable to the Svstem Owner 4. This Approval shall be binding on the System Owner and on its agents, contractors, successors, and assigns. Violation of the terms and conditions of this Approval by any of the foregoing persons or entities,respectively, shall constitute violation of this Approval by the System Owner unless the Department determines otherwise. 5. The System Owner shall obtain all necessary permits and approvals required by 310 CMR 15.000 prior to the installation and use of the System in Massachusetts. 6. The System is approved for the treatment and disposal of sanitary sewage only. The System Owner shall not introduce any wastes that are not sanitary sewage into the System. The System Owner shall dispose of wastes generated or used at the facility that are not sanitary sewage by other lawful means. 7. Prior to issuance of the Certificate of Compliance and after recording andlor registering the Deed Notice required by 310 CMR15.287(10), the System Owner shall submit the following to the Local Approving Authority: (i) a certified Regisriy copy of the Notice bearing the book and page/or document number; and(ii) if the property is unregistered land, a Registry copy of the System Owner's deed to the property,bearing a marginal reference on the System Owner's deed to the property. The Notice to be recorded shall be in the form of the Notice provided by the Department. 8. The System Owner shall at all times have the installed System properly operated and maintained in accordance with the most recent O&M provisions of this Approval for the alternative technology and in accordance with any additional requirements of the Approving Authority. The most recent O&M provisions of this Approval for the alternative technology are available from the Department. 9. The System 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. Standard Conditions Applicable to the Desi�ner 10. The Designer shall be a Massachusetts Registered Professional Engineer or a Massachusetts Registered Sanitarian, including when designing systems for repair, provided that such Sanitarian shall not design a system to discharge more than 2,000 gallons per day. 11. Prior to the application for a DSCP, the Designer shall provide the System Owner with a copy of this Approval. Renewal of Provisional Use Approval,revised May 22,2014 Page 15 of 17 Singulair 960 DN and 960 DN Green 600,less than 2,000 GPD Standard Conditions A�plicable to the Companv 12. This Approval shall be binding on the Company and its officers, employees, agents, contractors, successors, and assigns. Violation of the terms and conditions of this Approval by any of the foregoing persons or entities, respectively, shall constitute violation of this Approval by the Company unless the Deparhnent determines otherwise. 13. The Company shall include copies of the Approval with each System that is sold. In any contract executed by the Company for distribution or re-sale of the System,the Company shall require all vendors, distributors, and resellers to provide each purchaser of the System with copies of the Approval. 14. The Company shall make available, in printed and electronic format,the approved Attachments and any approved updates associated with the Approval, to the System Owners, Operators, Designers, Installers, vendors, resellers, and distributors of the System. 15. The Company shall submit to the Department for approval any proposed updates or changes to the Attachments to the Approval. 16. The Company shall notify all System Owners,resellers, and distributors of changes to the Approval within 60 days of issuance by the Department. 17. The Company shall notify the Department's Director of the Wastewater Management Program at least 30 days in advance of the proposed transfer of ownership of the Technology for which the Approval is issued. Said notification shall include the name and address of the proposed owner containing a specific date of transfer of ownership, responsibility, coverage and liability between them. All provisions of the Approval applicable to the Company shall be applicable to successors and assigns of the Company, unless the Department deternunes otherwise. 18. The Company shall furnish the Department any information that the Department requests regarding the Technology within 21 days of the date of receipt of that request. Approval Continuation and Expiration 19. If the Company wishes to continue the Approval after its expiration date, the Company shall apply for and obtain a renewal of the Approval. The Company shall submit a renewal application at least 180 days before the expiration date of the Approval,unless written pernussion for a later date has been granted in writing by the Department. Upon receipt of a timely and complete renewal application, the Approval shall continue in force until the Department has acted on the renewal application. Reporting 20. All notices and documents required to be submitted to the Deparhnent by the Approval shall be submitted to: a q Renewal of Provisional Use Approval,revised May 22,2014 Page 16 of 17 Singulair 960 DN and 960 DN Green 600,less than 2,000 GPD Director Wastewater Management Program Department of Environmental Protection One Winter Street- Sth floor Boston, Massachusetts 02108 Rights of the Deparirnent 21. The Department may suspend, modify or revoke the Approval for cause, including,but not limited to, noncompliance with the terms of the Approval,non-payment of any annual compliance assurance fee, for obtaining the Approval by misrepresentation ar 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 the Approval and/or a System utilizing the Technology against the Company, the Designer,the System Owner,the Installer, and/or the Operator of the System. VI. General Conditions Title 5 Re�ulations 310 CMR 15.287: "General Conditions for Use of Alternative Systems Pursuant to 310 CMR 15.284 throu�h 15.286" "The following conditions shall apply to all uses of alternative systems pursuant to 310 CMR 15.284 through 15.286: (1)All plans and specifications shall be designed in accordance with 310 CMIZ 15.220. (2)Any required operation and maintenance, monitoring and testing plans shall be submitted to the Department and approved prior to initiation of the use. Monitoring and sampling shall be performed in accordance with a Department approved plan. Sample analysis shall be conducted by an independent U.S. EPA or Commonwealth of Massachusetts approved testing laboratory, or an approved independent university laboratory,unless otherwise provided in the Department's written approval. It shall be a violation of 310 CMR 15.000 to omit from a report or falsify any data collected pursuant to an approved testing plan. (3) The facility served by the alternative 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) The Deparhnent and/or the Local Approving Authority may require the owner or operator of the system to cease operation of the system and/or to take any other action necessary to protect public health, safety, welfare and the environment. (5)The owner or operator shall provide written notice to any new owner or operator that the system is an alternative system. Such notice shall include notice of the general conditions and any special conditions applicable to the system and its owner. (6) The owner or operator, or the proponent of the alternative system, shall obtain and provide the Department with a deternunation from the board of certification of operators of w • Renewal of Provisional Use Approval,revised May 22,2014 Page 17 of 17 Singulair 960 DN and 960 DN Green 600,less than 2,000 GPD wastewater treatment facilities established pursuant to M.G.L. c. 21, § 34A as to whether a certified operator is required for operation of the alternative system. The Department shall waive this requirement if it has on file a determination for the alternative system, and shall notify the owner, operator, or proponent of the determination. (7) It is a violation of 310 CMR 15.000 to install, construct, or operate an alternative system except in full compliance with the written approval and 310 CMR 15.287. (8) The Department may require the issuance of a groundwater discharge permit pursuant to 314 CMR 5.00 (groundwater discharge program) for any alternative system. (9) The system owner shall maintain an operation and maintenance contract with a Massachusetts certified operator where one is required by 257 CMR 2.00, or otherwise with a person qualified to operate and maintain the system in accordance with the Deparhnent's written approval. (10) Prior to obtaining a Certificate of Compliance for installation of a new or upgraded system, the system owner shall record in the chain of title for the property served by the alternative system in the Registry of Deeds or Land Registration Office, as applicable, a Notice disclosing both the existence of the alternative on-site system and the Department's approval of the system. The system owner shall also provide evidence of such recording to the Local Approving Authority.