HomeMy WebLinkAbout2007 Aug 06 - 310 CMR 15.301 (4) Exclusions - With Notes310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
15.301: continued
(h) Bankruptcy. Inspection of the system n go TT
bankruptcy trustee to buyer or within six me
notifies the buyer in writing of the require may`
15.305 for inspection and upgrade, if neces:
before the time of transfer may be used if t
pumping records demonstrating that the syi
pthat time.
�,ay ' - (i) Change in Ownership or the Form of O,
/t'introduction of new beneficiary/ies in a no
kdawn, new tenant(s) in common; introduction o
i'
It joint ownership to nominee or business tri
creation of a legal life estate or an intere 1
L �� .(C t other than the creator or his or her spouse
. a corporation, etc.). Inspection of the s}
or if weather conditions prevent inspecti
as soon as weather permits, but in no eve
that the new party is notified in writing
��%'L�'�b1%IL through 15.305 for inspection and upgraoc,
CS whoever has authority to add a new beneficiary is responsible Tor U„,
inspection conducted up to three years before the time of transfer may_ be used if the
inspection report is accompanied by system pumping records demonstrating that the system
/rtes 1`� 01% has been pumped at least once a year during that time.
(4) Exclusions. Inspection of a system is not required at the time of transfer of title of the
facility served by the system in the following circumstances:
(a) a certificate of compliance for anew system has been issued by the Approving Authority
within three years prior to the time of transfer and system pumping records demonstrate that
the system was pumped at least once during the third year; or
(b) the owner of the facility or the person acquiring title has signed an enforceable
agreement with the Approving Authority to upgrade the system or to connect the facility to
a sanitary sewer or a shared system within the next two years following the transfer of title,
provided that such agreement has been disclosed to and is binding on the subsequent
owner(s); or
(c) the facility is subject to a comprehensive local plan of on-site septic system inspection
approved in writing by the Department and administered by a local or regional governmental
entity, and the system has been inspected at the most recent time required by the plan. A
comprehensive local plan may prioritize systems to be inspected on the basis of proximity
to water resources, soil or geological conditions, age or size of systems, history of
performance, frequency of pumping or other routine maintenance activity, or other relevant
factors, and may establish different schedules and frequency of inspection on the basis of
such criteria, provided that all systems are inspected at least once every seven years by a
System Inspector approved by the Department; or
(d) the transfer is of residential real property between the following relationships:
1. between current spouses;
2. between parents and their children;
3. between full siblings; and
4. where the grantor transfers the real property to be held in a revocable or irrevocable
trust, where at least one of the designated beneficiaries is of the first degree of
relationship to the grantor. -
(5) A system shall be inspected prior to any change in the type of establishment, or increase in
design flow, or prior to any expansion of use of the facility served for which a building permit
or occupancy permit from the local building inspector is required. If the system is a cesspool,
or if the system is failing as set forth in 310 CMR 15.303 or 15.304(1) or is a significant threat
to public health, safety, welfare and the environment as set forth in 310 CMR 15.304(2), then
the system shall be upgraded prior to. the change in the type of establishment, increase in design
flow or expansion of use of the facility. Prior to an increase in the design flow to any cesspool,
or to any other system above the existing approved capacity. the cesspool or the system shall be
upgraded in accordance with the standards applicable to nein construction. Whenever an
addition to an existing structure which changes the footprint of a building with no increase in
4/21/06 310 CMR - 550