HomeMy WebLinkAbout2015 May 20 - Operation & Maintenance Service Contract for Singulair 960-600 DN All Cape Environmental Services Inc.
7 Stratford Lane
Yarmouth Port Ma. 02675
www.allcapeenvironmentalservice.com
1
Operation & Maintenance Service Contract
For
Singulair 960-600 DN
This Contract is between Giovanna Leddy (hereafter referred to as “Owner”) and All Cape Environmental Inc.
(hereafter referred to as “ACE”) for Operation & Maintenance of the treatment system listed below (hereafter referred
to as the “System”)
System Owner; Giovanna Leddy
System Address; 15 Shannon Court, Yarmouth
Permit Information;
Management Level; Remedial
Contact Information;
1. Maintenance and Other Services. ACE agrees to provide the following services to Owner during the Term of
this Contract; (See attached Schedule C for additional & specific service requirements related to SINGULAR
system)
1.1. Inspection & Operation. ACE agrees to inspect and operate the system in accordance with Massachusetts
DEP approval and manufactures requirements. Interval for inspections to be Bi-Annual
1.2. Maintenance & Service. ACE agrees to maintain system in accordance with Massachusetts DEP approval
and manufactures requirements. Interval for maintenance to be Bi-Annual (to be combined with
inspections)
1.3. Field Sampling. ACE agrees to field sample effluent samples for PH, Temperature, DO, and Turbidity. All
meters to be in good working order and calibrated per manufactures requirements.
1.4. Laboratory Influent & Effluent Sampling. ACE agrees to pull influent & effluent samples for laboratory
analysis from a Massachusetts Certified Laboratory, per DEP and Town Board of Health requirements No
Influent Sample Interval, No Effluent Sample Interval
1.5. Influent Testing for; No Influent Testing
All Cape Environmental Services Inc.
7 Stratford Lane
Yarmouth Port Ma. 02675
www.allcapeenvironmentalservice.com
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1.6. Effluent Testing for; No Effluent testing required unless system fails field testing.
1.7. Pumping of Holding Tanks. ACE agrees to check scum & sludge layers. ACE will recommend when to
pump tanks. Please note that all grease traps are required to be pumped no less than Bi-Annual.
1.8. Emergency Service Calls. ACE agrees to provide emergency service calls as provided in Section C
1.9. Warranty Service. ACE agrees to provide warranty service as provided by manufacturer and Section C
2. Payment for Services. Payment for services will be in accordance with Schedule D
3. Contract Term. The term for this contract shall start on January 1 2015 and continue on an annual basis,
unless the contract is terminated early as provided in Schedule C.
4. Requirement for Service & Maintenance, Advise to Agencies. Owner acknowledges that Government
agencies may require the following activity;
4.1. That the above referenced treatment system requires regular service and inspections.
4.2. That a copy of this contract will be made available to government agencies by ACE.
4.3. That ACE must advise the agencies if this contract is terminated at any time regardless of the reason
5. Limits on Contract Services. Actual contract fee covers only the specific services as set forth in this Contract.
Any additional services requested by Owner or required by regulatory agencies, including any additional testing
services that are not specifically listed above and may be required by regulation or permit(s) to operate, will be
provided at an additional cost. This Contract applies only to services relating to the treatment system itself and
does not apply to any other parts of the building, wiring, or the like.
6. Care of the System by Owner or Tenant; Owner agrees to operate the system in a way consistent with DEP
approval letter, Town Board of Health requirements, and Manufactures recommendations and instructions.
7. Other Parts of Contract. Attached and made part of this contract as if set forth in full here are the following;
Schedule A (describing unit location and regulatory requirements
Schedule B (operating conditions)
Schedule C (contains additional terms and conditions of this contract)
Schedule D (schedule of fees and payment terms)
Schedule E (addendums and or other terms/conditions)
SCHEDULE A – DESCRIPTION OF TECHNOLOGY & REGULATORY REQUIREMENTS
Make and Model;
Serial No;
State Permit # Town Permit #
Management Level & Testing/Inspection information (list town requirement and tests required)
All Cape Environmental Services Inc.
7 Stratford Lane
Yarmouth Port Ma. 02675
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SCHEDULE B – OPERATING CONDITIONS
Owner acknowledges that the following items can overtax the biological process of the system and shall avoid
introducing dental floss, disposable diapers, kitty litter, sanitary napkins, tampons, cigarette butts, condoms and other
items of similar nature. Owner acknowledges that the following can destroy the biological process and agrees to not
introduce chemicals such as paints, varnishes, thinners, waste oils, photographic solutions, pesticides and excessive
amounts of household chemicals into the system.
Other operating conditions;
SCHEDULE C – ADDITIONAL TERMS AND CONDITIONS OF CONTRACT
This Schedule C is part of the attached Maintenance Contract between Owner and ACE. This Schedule contains
additional terms and conditions of the Contract.
C1. Inspections & Operation. ACE agrees to inspect and operate the system in accordance with Massachusetts DEP
approval. Including:
(1) Bi-Annual inspections and reports
(2) Continuous operation by licensed and properly trained personnel
(3) Sludge & Scum levels in all tanks with recommended pumping.
(4) Visual and Field testing of effluent for PH, DO, Temperature, Turbidity, Color, and Smell
(5) Meter readings for voltage and amperage on all electrical components that are part of the system.
C2. Maintenance Services. ACE agrees to maintenance services as recommended by manufacture and DEP approval
including;
(1) Performing all recommended and required manufactures maintenance items Bi-Annual (to be combined with
inspections)
(2) Adjusting, cleaning and/or the replacement of any mechanical or electrical components of the treatment
system that appear to require it.
(3) Refilling, and or replacement of chemicals/bacteria bags that may be required by system.
C3. Other Services and Charges. There will be a charge for any parts, repairs, or pumping except for covered
warranty items and or items specifically listed above
All Cape Environmental Services Inc.
7 Stratford Lane
Yarmouth Port Ma. 02675
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C4. Emergency Service Calls. ACE agrees to provide Emergency Service calls for System in accordance with the
following.
C4.1 Availability. Emergency services will be available for response within 24 hrs.
C4.2 Cost for Call. Emergency Service fees as provided in Schedule D may or may not apply depending on
time and condition of emergency.
C4.3 Cost of Parts, Labor, and or Pumping. Owner to pay for all parts, labor, and or pumping that may be
required on the emergency call, except for parts and labor that may be covered under warrantee.
C5. Warranty Service. ACE agrees to provide all services and secure replacement parts for the System to the extent
covered by the Supplier’s component warranty program, and ACE will communicate with the Supplier to secure the
benefits of the warranty program for Owner when they apply. The Supplier makes all decisions on component warranty
program coverage. Any dispute on warranty coverage, service or installation instructions, or parts will be between the
Owner and the Supplier, and Owner shall not hold ACE liable in connection with any such dispute.
C6. Dependence on Owner’s Representations. Owner represents that he or she owns property listed in Schedule
B is true and accurate. In entering into this Contract, ACE has relied on those representations and ACE representative’s
own observations. Owner understands that any inaccuracy of the information Schedule B or any future change in that
information could void ACE’s and Supplier’s obligations under this Contract and could require replacement of the System
and or other parts of the Septic System with equipment having a greater capacity, all at Owner’s expense.
C7. Access to Owner’s Property. Owner agrees to provide ACE with access to the System and all other parts of
the Septic System, as well as to the water and electrical systems at the property, at all reasonable times as may be
needed for ACE to perform its obligations under this Contract and to perform such testing as may be required by
regulatory agencies.
C8. Extension of Contract. This contract shall renew automatically provided Owner is current with all required
payments and renewal fees are paid.
C10. Early Termination. This Contract may be terminated prior to the end of its Term (including any extended Term)
as follows:
C10.1 by ACE. This Contract may be terminated by ACE: (a) if Owner defaults in making any payment called
for by this Contract or in making any payment for services, repairs, or parts provided by ACE for the System, if
the default continues for more than 30 days past the due date, or (b) if Owner defaults in performing any
material obligation under this Contract (other than payment obligations) and the default continues for more than
30 days after ACE gives notice of the default to Owner.
All Cape Environmental Services Inc.
7 Stratford Lane
Yarmouth Port Ma. 02675
www.allcapeenvironmentalservice.com
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C10.2 by Owner. This Contract may be terminated by Owner: (a) if ACE defaults in performing any material
obligation under this Contract and the default continues for more than 30 days after Owner gives notice of the
default to ACE, (b) if Owner transfers the property, as contemplated by Section C15 below, (c) if the owner
removes the system per all applicable laws and regulations, or (d) if Owner replaces the System with a different
system.
C11. Effects of Termination. Upon termination of this Contract by early termination pursuant to Section C10 above
or by expiration of its Term: (a) ACE will notify all applicable governmental agencies and Licensor of the termination
(but that notice might not relieve Owner of any obligation of Owner to give similar notice) and (b) all obligations of
Owner, ACE and Licensor under this Contract will cease, except that termination shall not relieve any party of any
liabilities owed to the other that accrued prior to the termination.
C12. Payments. Fees and payments are covered under Schedule D
C13. Defaults in Payments for Services, Etc.
C13.1 Applicable to Contract Fees, Service Fees, and Parts The provisions of this Section C11 shall apply
not only to the fees provided for in this Contract but also to all other amounts that may become owing by Owner
to ACE for any services and for any parts that ACE may provide in connection with the System or the Septic
System.
C13.2 Late Payment Fee. Any payment made more than 30 days after it is due will incur a late payment
charge equal to 2% of the amount due. The late payment charge will be due as soon as ACE sends Owner a
bill that includes it.
C13.3 Interest. In addition, all amounts unpaid more than 30 days from the due date will incur an interest
charge calculated at a rate equal to the lesser of 2% per month or the maximum rate allowed by applicable law.
In such cases interest will accrue, on a daily basis using the above rate, from the 30th day of after the due date
until the date of actual payment.
C13.4 Collection Costs. In addition, ACE shall be entitled to recover its actual and reasonable costs incurred
in collecting any such overdue amounts, including reasonable attorney’s fees and court costs.
C14. Changes in Regulatory Requirements. ACE agrees that, if at any time any government agency changes the
applicable requirements for inspection services or for inspectors relating to the System or the Septic System so as to
increase the requirements applicable on the date of this Contract, then ACE will satisfy those increased requirements.
In any case, ACE shall be entitled to increase its fees under this Contract by an amount equal to ACE’s cost increase
resulting from those increased requirements, plus 15%. ACE shall give Owner at least 60 days prior notice of any such
fee increase.
C15. Sale of Property. Owner may transfer the benefits of this Contract to any purchaser or other person who
acquires the property where the System is located, provided all service fees and any other charges are paid when due.
A $50.00 service fee may be required.
All Cape Environmental Services Inc.
7 Stratford Lane
Yarmouth Port Ma. 02675
www.allcapeenvironmentalservice.com
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C16. Assignment by O&M Provider. ACE may assign its rights and obligations under this Contract to any O&M
Provider of the System who has been authorized by the Licensor to provide maintenance service, provided that the new
service provider assumes ACE’s obligations under this Contract. Without assigning its rights or obligations under this
Contract, Licensor shall have the right to retain subcontractors or other agents to perform some or all of the services
called for in this Contract.
C17. Force Majeure. If Supplier, ACE or Owner is delayed or prevented from the performance of any act required
under this Contract by reason of Act of God, strikes, lockouts, labor troubles, inability to procure materials (including
energy), power, casualty, inclement weather, restrictive governmental laws, orders or regulations, riots, war or another
reason of a similar nature not the fault of the party delayed in performing the act required under this Contract, then
the requirement for performance of the act shall be extended for a period equivalent to the period of such delay. This
Section shall not, however, operate to excuse Owner from prompt payment of fees or other charges covered by this
Contract.
C18 Notice. Any notice or similar communication required to be given pursuant to this Contract shall be validly given
if set forth in writing and if that writing is delivered personally or delivered via facsimile transmission to any phone
number for such messages set forth in this Contract (with confirmation) or if the writing is sent by first class such other
facsimile number or address for which notice of the change has been given to the other party).
C19 Miscellaneous
(a) Law Applicable. This contract shall be governed and construed under the laws of the State of
Massachusetts without regard to its principles of conflict of laws.
(b) Amendment. Except as otherwise expressly provided herein, this Contract may not be amended except by
written agreement signed by both parties.
(c) Heading. The section headings in this Contract are for ease of reference and shall not affect the meaning
of any of the provisions of this contract.
(d) Inflation Index. Any increases in the cost of maintenance will occur at the Annual anniversary of the
Agreement and be based upon the following: Increased labor costs not to exceed the National Consumer
Price Index (CPI) percentage change (January to January of previous year), increases for equipment and
parts not to exceed factory increases.
SCHEDULE D – FEES AND PAYMENTS
D1. Service & Inspection Fees. Annual service and inspection fees are due Pre-Paid or as stipulated in annual quote
and are calculated as follows;
D1.1 Inspections - Bi-Annual inspection at a rate of $225.00 per inspection, (or as quoted)
All Cape Environmental Services Inc.
7 Stratford Lane
Yarmouth Port Ma. 02675
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D1.2 Maintenance & Service - Bi-Annual (to be combined with inspections)
D2. Emergency Service Fees. Will be charged at the rate of $150.00 for the first hour then $125.00 per hour for
the next 3 hours. After the first 4 hours the rate will drop to $90.00. Owner may request a quote for the repairs.
D3. Unscheduled Repairs & Service Fees. Will be charged at the rate of $125.00 per hour for the first four hours
then $90.00 per hour after that. Owner may request a quote for work to be done.
D4. Laboratory testing Fees;
Cost per Cost per
Analysis test Analysis test
BOD5 $ 35.50 NH3 $ 32.04
TSS $ 24.47 Alkalinity $ 19.76
NO2 $ 32.04 TN $ 76.84
NO3 $ 32.04 CBOD $ 41.40
TKN $ 43.26 Fecal Coliform $ 65.44
Please note that testing fees are subject to change without notice, and pricing is outside of All Cape Environmental’s
control. Only Massachusetts certified laboratories can be used.
D5. Quoted prices supersede above pricing schedules
D6. Defaults in Payments for Services, Etc.
D6.1 Applicable to Contract Fees, Service Fees, and Parts The provisions of this Section shall apply
not only to the fees provided for in this Contract but also to all other amounts that may become owing by
Owner to ACE for any services and for any parts that ACE may provide in connection with the System.
D6.2 Late Payment Fee. Any payment made more than 30 days after it is due will incur a late payment
charge equal to 2% of the amount due. The late payment charge will be due as soon as ACE sends Owner a
bill that includes it.
D6.3 Interest. In addition, all amounts unpaid more than 30 days from the due date will incur an interest
charge calculated at a rate equal to the lesser of 2% per month or the maximum rate allowed by applicable
law. In such cases interest will accrue, on a daily basis using the above rate, from the 30th day of after the
due date until the date of actual payment.
All Cape Environmental Services Inc.
7 Stratford Lane
Yarmouth Port Ma. 02675
www.allcapeenvironmentalservice.com
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D6.4 Collection Costs. In addition, ACE shall be entitled to recover its actual and reasonable costs incurred
in collecting any such overdue amounts, including reasonable attorney’s fees and court costs.
SCHEDULE E – OTHER TERMS AND CONDITIONS NOT MENTIONED ABOVE
The following Documents are to be made part of this contract;
INSPECTION AND SAMPLING IN TITLE 5 I/A SINGLE FAMILY HOME REMEDIAL AND GENERAL USE
TREATMENT SYSTEMS WITH DESIGN FLOWS LESS THAN 2000 GALLONS PER DAY - Effective date:
January 1, 2006 Policy/SOP/Guideline #: BRP/DWM/PeP-P06-1
Standard Conditions for Secondary Treatment Units Approved for Remedial Use Last Revision Date:
March 20, 2015
REVISION OF APPROVAL FOR REMEDIAL USE Pursuant to Title 5, 310 CMR 15.00 Name
and Address of Applicant: NORWECO, Inc. 220 Republic Street Norwalk, OH 44857 Transmittal
Number: X252291 Revision Date: November 07 2012
All town requirements by the Town of Yarmouth Board of Health
THIS SERVICE CONTRACT WILL BE VALID AND BINDING WHEN OWNER AND O&M PROVIDER HAVE
SIGNED IN THE APPROPRIATE PLACES BELOW.
___ All Cape Environmental Inc. ___ (Full Legal Name of Owner) (Full Legal Name of O&M Provider)
By: ___ _________ (Authorized Signature) (Authorized Signature)
As: ___ As: Manager _________ (Title of Person Signing) (Title of Person Signing)
Date:___________________________________ Date:_________________________________________
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
ONE WINTER STREET, BOSTON, MA 02108 617-292-5500
MITT ROMNEY Governor
KERRY HEALEY
Lieutenant Governor
STEPHEN R. PRITCHARD
Secretary
ROBERT W. GOLLEDGE, Jr.
Commissioner
This information is available in alternate format. Call Donald M. Gomes, ADA Coordinator at 617-556-1057. TDD Service - 1-800-298-2207.
DEP on the World Wide Web: http://www.mass.gov/dep
Printed on Recycled Paper
INSPECTION AND SAMPLING IN TITLE 5 I/A SINGLE FAMILY HOME REMEDIAL AND
GENERAL USE TREATMENT SYSTEMS WITH DESIGN FLOWS LESS THAN 2000
GALLONS PER DAY
Effective date: January 1, 2006 Policy/SOP/Guideline #: BRP/DWM/PeP-P06-1
Program Applicability: BRP, Watershed Permitting, Title 5
Approved by: Assistant Commissioner Regulation Reference: 310 CMR 15.284, 15.287(2),
G l e n n H a a s 3 1 0 C M R 1 5 . 2 8 9 ( 3 )
3 1 0 C M R 1 5 . 2 0 2 ( 4 ) ( c )
Supersedes Policy/SOP/Guideline: NONE
_______________________________________________________________________________
PURPOSE:
This policy presents the Department’s position on the appropriate inspection and sampling
schedule for Remedial Use and General Use Innovative/Alternative (I/A) Title 5 systems
installed at Single Family Homes (SFH). This policy amends the provisions for inspection
and sampling contained in Title 5, 310 CMR 15.000 and the Department’s approvals and
certifications for I/A Systems.
APPLICABILITY:
This policy is for SFH owners and operators who own, operate and/or maintain Remedial
and General Use systems, and for boards of health and Department staff that monitor
operation of such systems. This policy applies only to I/A systems that serve SFH facilities
with design flows of less than 2000 gallons per day (gpd ). This policy does not prohibit
the local approving authority from requiring more frequent inspection and/or sampling.
This policy does not apply to nitrogen reducing systems Certified for General Use or
to Provisional or Piloting systems or to Remedial or General Use commercial
systems or systems with design flows of 2000 gpd or greater.
Policy/SOP/Guideline #:
Page 2 of 4
Page 2 of 4
INTRODUCTION:
Over 2000 Remedial and General Use I/A Systems have been installed at SFH in
Massachusetts since the promulgation of 310 CMR 15.000 in 1995. Remedial Use systems,
installed to replace failed onsite systems, are designed to reduce biochemical oxygen demand
(BOD5) and total suspended solids (TSS) to 30 milligrams per liter (mg/L) or less. General Use
I/A systems can be installed either for nitrogen reduction or when the owner can demonstrate the
capability to install a standard Title 5 system. Some boards of health are requiring General Use
systems to be installed for new construction to meet local environmental limits.
The Department requires quarterly inspection and effluent sampling for pH, BOD5 and
TSS for the first year of operation in remedial situations. When approved by the Department,
sampling is reduced to an annual event after the first year. All SFH I/A systems Certified for
General Use must be inspected on a quarterly schedule, four times per year. The above
inspection provisions were adopted based on the Board of Certification of WWTP Operators
recommendations to ensure that the systems are correctly maintained and operated.
The Department has been collecting operating data on aerobic I/A systems, i.e. - trickling
filters, submerged media, RSF or other systems. This database indicates that these systems are
producing a higher quality effluent than required by the regulations; median BOD5 and TSS
values are 9.5 mg/L and 7.6 mg/L, respectively. Inspection reports for both Remedial and
General Use systems indicate that problems occur at a low incidence and are generally detected
by the onsite alarm system.
Accordingly, the Department will reduce the inspections required per year for SFH
Remedial and General Use systems and condition the requirement for sampling and laboratory
testing on SFH Remedial Use systems.
TEXT:
The Remedial Use technology approvals oblige the owner to have quarterly operation and
maintenance (O & M) inspections conducted for the life of the system. In addition, the system
for the first year of operation must have quarterly effluent sampling for pH, BOD5 and TSS and
then an annual sample for those parameters. General Use systems that are not certified for
nitrogen reduction require quarterly inspection, without sampling, for the life of the system.
The I/A Program has reviewed the operations of the over 2000 aerobic Remedial and
General use I/A Systems installed on SFH in Massachusetts and has developed a new policy for
inspection and sampling. The continued sampling of the Remedial Use aerobic I/A systems is not
necessary except in special circumstances for the following reasons:
1. Systems approved by the Department for Remedial Use must have previously received
general use approval in other states.
2. There is generally a reasonable amount of information on operations in those states.
3. Field sampling of SFH systems only duplicates a process that has already been conducted in
other states.
4. The Department has reviewed over 4500 data points and found these systems provide good
effluent quality.
Policy/SOP/Guideline #:
Page 3 of 4
Page 3 of 4
The Program has determined that under almost all circumstances a visual examination of
the effluent wastewater followed by simple field testing will demonstrate that the systems are
operating at secondary treatment standards, 30 mg/L of BOD5 and TSS. The Department will
now require that system operators perform and provide documentation for the following field
tests:
1. Visual examination of the effluent for color, turbidity and effluent solids,
2. Effluent pH to determine if the wastewater is between 6 and 9 standard units,
3. Dissolved oxygen, 2 mg/L or more, to ensure that the system is operating, and
4. Turbidity, less than or equal to 40 NTU.
If the effluent does not pass all of the field tests than the operator will be required to collect a
sample for laboratory analysis.
Based on the preponderance of inspection reports submitted since 1996, the Program has
also determined that conducting four inspections per year is unnecessary for SFH systems. The
Program has determined that quarterly inspection does not improve operation or reduce system
failures. Remedial Use system will now require two inspections per year. During those
inspections the operator will conduct and document the field tests described above. Should the
system fail the field test, the operator will be required to collect an effluent sample for laboratory
testing. If the laboratory tests indicate that the system is not in compliance, the operator must
conduct a follow up inspection and field-testing to pinpoint the problem within 60 days of the
original inspection date. Should the subsequent inspection and field-test fail the operator shall
conduct a full evaluation within 30 days:
1. Including if necessary laboratory testing, and
2. Prepare and submit a report to the local approving authority that details the problems
and includes recommendations for repairing the system.
General Use systems are presumed equivalent to a standard Title 5 system. The Program
has determined that an annual inspection with one field test as described above is adequate.
Table 1, next page, presents the Program’s inspection and sampling requirements for SFH
I/A systems with design flows of less than 2000 gpd. The table does not include inspection
requirements that the technology supplier specifies is necessary for start up and shut down of
these systems.
Policy/SOP/Guideline #:
Page 4 of 4
Page 4 of 4
Table 1. INSPECTION AND SAMPLING REQUIREMENTS FOR SFH REMEDIAL
AND GENERAL USE SYSTEMS
System
Type Inspection Schedule Field Test
Laboratory Test
Remedial Twice per year Visual, pH, DO, Turbidity pH, BOD5 and TSS1
General2 Once per year Visual, pH, DO, Turbidity pH, BOD5 and TSS1
1 = Laboratory Test required only if system does not pass Field Test, follow up Inspection and Field Test within 60
days if Laboratory Test results do not meet the secondary treatment limits.
2 = Systems Certified for General Use but not certified for nitrogen reduction.
Charles D. Baker
Governor
Karyn E. Polito
Lieutenant Governor
Matthew A. Beaton
Secretary
Martin Suuberg
Commissioner
This information is available in alternate format. Call Michelle Waters-Ekanem, Diversity Director, at 617-292-5751. TTY# MassRelay Service 1-800-439-2370
MassDEP Website: www.mass.gov/dep
Printed on Recycled Paper
Standard Conditions for Secondary Treatment Units
Approved for Remedial Use
Last Revision Date: March 20, 2015
A Secondary Treatment Unit (STU) is an alternative technology that may be used as a
component of an on-site sewage disposal system where soil or site conditions make conventional
soil absorption systems more costly to construct or infeasible. A conventional system may be
more costly to construct or infeasible where there is a shallow water table and/or limited area for
the siting of a conventional system. As compared to a conventional system, in certain instances,
an STU provides for higher loading rates (smaller leaching area) and may require less land area,
potentially less fill, and less disturbance of the site.
The System consists of an STU preceding a pressure dosed soil absorption system. The
secondary treatment unit is designed to reduce the organic material and solids in the wastewater
which reduces the demand for treatment in the soil absorption system. A conventional septic
tank precedes the STU unless exempt by the Special Conditions for a specific Technology.
The use of an STU in accordance with this Approval for Remedial Use requires, among
other things:
A Disclosure Notice in the Deed to the property (310 CMR 15.287(10)) (A Deed
Notice template is available from the Department);
Certifications by the Designer and the Installer (310 CMR 15.021(3));
A Massachusetts certified operator who has received training for the technology and
is under contract for periodic inspection and maintenance (310 CMR 15.287(10));
Periodic sampling, recordkeeping, and reporting, in accordance with this Approval;
Notification within 24 hours by the System Owner to the local approving authority of
any System failure;
When pumping is required to discharge to the SAS, 24-hour emergency wastewater
storage capacity above the elevation of the high level alarm; and
System Owner Acknowledgement of Responsibilities, in accordance with this
Approval.
Standard Conditions for Secondary Treatment Units for Remedial Use Page 2 of 19
Revised March 20, 2015
Definitions and References:
The term “System” refers to the STU in combination with the 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.
The term “Approval” refers to these Standard Conditions applicable to all STU’s with
Remedial Use Approval, the Special Conditions contained in the Technology-specific
Approval, the General Conditions of 310 CMR 15.287, and any other Attachments.
The Conditions contained herein MUST be read in conjunction with any Special Conditions
that are Technology-specific.
I. Purpose
1. Approval for Remedial Use allows the use of the Alternative System only where the local
Approving Authority finds that the Alternative System is for the upgrade or replacement
of an existing failed, failing or nonconforming system with a design of flow of less than
10,000 gpd, where there is no increase in the actual or proposed design flow, and where a
conventional system with a reserve area, designed in accordance with the standards of
310 CMR 15.100 through 15.255, cannot feasibly be built on-site.
2. The sale, design, installation, and use of the System shall be subject to these requirements
for any system that submits a complete Disposal System Construction Permit (DSCP)
application after the effective date of these Standard Conditions. Existing Systems and
Systems for which a complete DSCP application was submitted prior to the effective date
of these requirements shall not be subject to the design and installation requirements,
however, the System Owner, the Service Contractor, and the Company shall be subject to
all other requirements contained herein.
3. With the other applicable permits or approvals that may be required by 310 CMR 15.000,
the Approval authorizes the installation and use of the Alternative System in
Massachusetts. Except those provisions that specifically have been varied by this
Approval, the provisions of 310 CMR 15.000, including the General Conditions of 310
CMR 15.287, apply to the sale, design, installation, and use of the System.
4. Unless stated otherwise in the Special Conditions that apply to a specific Technology, all
the conditions contained in this document shall apply to secondary treatment units which
have obtained Remedial Use Approval. (Special Conditions may be more or less
stringent than the requirements of this document.)
5. Provided that the local Approving Authority approves the Alternative System in
conformance with the Department’s Technology Approval, Department review and
approval of the site-specific System design and installation is not required unless the
Department determines 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.
Standard Conditions for Secondary Treatment Units for Remedial Use Page 3 of 19
Revised March 20, 2015
II. Design and Installation Requirements
1. Effluent BOD5, TSS and pH - The effluent discharge concentrations from the Secondary
Treatment Unit to the SAS shall not exceed secondary treatment standards of 30 mg/L
BOD5 and 30 mg/L TSS and the effluent pH range shall be 6.0 to 9.0.
2. 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 with a discharge greater than
2,000 gallons per day.
3. Except where the Approval specifically states otherwise, the Alternative System shall be
installed in a manner which does not intrude on, replace, or adversely affect the operation
of any other component of the subsurface sewage disposal system designed and
constructed in accordance with the standards of 310 CMR 15.200 - 15.279.
4. Except where the Approval specifically states otherwise, the Alternative System shall
include a properly sized and constructed septic tank, designed in accordance with 310
CMR 15.223 – 15.229, connected to the building sewer and followed in series by the
Technology and the SAS;
5. Alternative Design Standards - Provided that the Designer demonstrates that the impact
of the proposed Alternative System has been considered and the design requirements of
310 CMR 15.000 have been varied to the least degree necessary so as to allow for both
the best feasible upgrade within the borders of the lot and the least effect on public
health, safety, welfare and the environment, the local approving authority may allow any
combination of the following alternative design standards without the need for granting a
variance under 310 CMR 15.400 or obtaining Department approval:
a) If a reduction in the size of the SAS is necessary, the size of the SAS may be reduced
up to 50 percent from the effective leaching area required when using the loading
rates for gravity systems of 310 CMR 15.242(1)(a) for Systems sited in soils with a
percolation rate of 60 minutes or less per inch, or for soils with a recorded percolation
rate of between 60 and 90 minutes per inch, the loading rates of 310 CMR 15.245(4).
(Alternatively, the effluent loading rates provided in 310 CMR 15.242(1)(b) for
pressure distribution may be utilized, however, no reduction in the effective leaching
area may be taken when using these loading rates, as stated in the regulation.); and/or
b) If a reduction in the depth to groundwater required by 310 CMR 15.212 is necessary,
the depth to groundwater may be reduced by up to 2 feet, resulting in a minimum
separation distance of two feet in soils with a recorded percolation rate of more than
two minutes per inch and three feet in soils with a recorded percolation rate of two
minutes or less per inch, measured from the bottom of the soil absorption system to
the high groundwater elevation; and/or
c) If a reduction in the depth of the naturally occurring pervious material layer is
necessary, a proposed reduction of up to 2 feet may be allowed in the four feet of
naturally occurring pervious material layer required by 310 CMR 15.240(1) provided
Standard Conditions for Secondary Treatment Units for Remedial Use Page 4 of 19
Revised March 20, 2015
that it has been demonstrated that no greater depth in naturally occurring pervious
material can be met anywhere on the site.
6. Any proposed reduction in the required depth to groundwater, specified in 310 CMR
15.212, may only be approved when:
a) An approved Soil Evaluator who is a member or agent of the local Approving
Authority determines the high groundwater elevation;
b) No reduction is granted under LUA for setbacks from public or private wells,
bordering vegetated wetlands, surface waters, salt marshes, coastal banks, certified
vernal pools, water supply lines, surface water supplies or tributaries to surface water
supplies, or drains which discharge to surface water supplies or their tributaries, is
allowed; and
c) In accordance with 310 CMR 15.212(2), for systems with a design flow of 2,000 gpd
or greater, the separation to high groundwater as required by 310 CMR 15.212(1)
shall be calculated after adding the effect of groundwater mounding to the high
groundwater elevation as determined pursuant to 310 CMR 15.103(3).
7. The Alternative Design Standards for effective leaching area, depth to groundwater, and
depth of naturally occurring pervious material contained in the Department’s Standard
Conditions for Secondary Treatment Unit Approved for Remedial Use shall not be made
less stringent by the local Approving Authority under the LUA provisions of 310 CMR
15.405 or under the variance procedures of 310 CMR 15.411. The local Approving
Authority may vary other design requirements under the LUA provisions of 310 CMR
15.405 or under the variance procedures of 310 CMR 15.411.
8. Except those allowed under LUA and the Approval, any further deviation from the siting
and design requirements of 310 CMR 15.000 for the remedial use of a Secondary
Treatment Unit shall require the following:
a) The applicant may propose the use of a Bottomless Sand Filter (BSF) as the means of
on-site effluent disposal in conjunction with a Secondary Treatment Unit. The
installation and use of the BSF must be in accordance with the conditions of the
Remedial Use Approval issued by the Department for the BSF; and/or
b) The applicant may request the approving authority to grant a variance.
9. An effluent pressure distribution system, designed in accordance with Department
guidance, shall be installed for Secondary Treatment Units that have been issued
Remedial Use Approval and for which there is:
a) a reduction in the effective leaching area greater than 25%, as allowed under LUA;
and/or
b) a reduction in the depth to groundwater greater than 1 foot, as allowed under LUA;
and/or
c) any reduction in the depth of pervious material.
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Revised March 20, 2015
10. The proposed use of a Secondary Treatment Unit Approved for Remedial Use shall be
subject to the following:
a) the approved record drawings, on file with the local approving authority, shall clearly
indicate an area for the best feasible upgrade that could be installed to replace the
proposed System, including the STU, in the event that the proposed System fails or it is
determined that it is not capable of providing equivalent environmental protection;
b) the installation of the proposed System shall not disturb the site in any manner that
would preclude the future installation of the best feasible upgrade that could be
installed to replace the proposed System. Components of the proposed System may
be sited in an area for the future installation of the best feasible upgrade, provided that
it does not render the area unusable for a potential future upgrade; and
c) except for the installed SAS, the System Owner shall not construct any permanent
buildings or structures in the area for the best feasible upgrade that could be installed
to replace the proposed System and the System Owner shall not disturb the site in any
other manner that would preclude the future installation of the best feasible upgrade.
11. When identifying the best feasible upgrade that could be installed to replace the proposed
System, the Designer shall consider these options in the following order:
a) a conventional system designed in accordance with the standards of 310 CMR 15.100
through 15.255 that can be built feasibly, with the exception of providing a reserve
area (15.248);
b) a conventional system that can only be built feasibly under a Local Upgrade Approval
(LUA);
c) where a conventional system cannot be built feasibly under a LUA, a Bottomless
Sand Filter, in conjunction with an STU;
d) where a System can only be built feasibly with variances, a System that has been
demonstrated to vary the design requirements of 310 CMR 15.000 to the least degree
necessary and have the least effect on public health, safety, welfare and the
environment (the System may be an Alternative System with variances); or
e) a tight tank.
12. For the upgrade or replacement of an existing failed or nonconforming system in a
nitrogen sensitive area (NSA), as defined in 310 CMR 15.215, Systems serving facilities
with actual or design flows of 2,000 GPD or greater must include treatment with a
Recirculating Sand Filter (RSF) or equivalent technology, as required by 310 CMR
15.202(1). Secondary Treatment Units with Remedial Use Approval are not approved as
an RSF equivalent technology and shall not be installed in a NSA, as defined in 310
CMR 15.215, to serve facilities with actual or design flows of 2,000 GPD or greater.
(The technology may also have a separate approval for nitrogen reduction, but must be
installed under that approval, when appropriate.)
13. Except for septic tank covers which are not required to be at grade, the frames and covers
of the other access manholes and ports of the System components shall be watertight,
Standard Conditions for Secondary Treatment Units for Remedial Use Page 6 of 19
Revised March 20, 2015
made of durable material, and shall be installed and maintained at grade, to allow for
necessary inspection, operation, sampling and maintenance access. Manholes brought to
final grade shall be secured to prevent unauthorized access. No structures which could
interfere with performance, access, inspection, pumping, or repair shall be located
directly upon or above the access locations.
14. Any System structures with exterior piping connections located within 12 inches of or
lower than the Estimated Seasonal High Groundwater elevation shall have the
connections made watertight with neoprene seals or equivalent.
15. All System control units, valve boxes, distribution piping, conveyance lines and other
System appurtenances shall be designed and installed to prevent freezing.
16. The System control panel including alarms and controls shall be mounted in a location
always accessible to the operator (or service contractor).
When pumping is required to discharge 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, system freeze ups, or backups. Emergency storage shall be
required when pumping to discharge is employed, including pressure distribution.
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.
17. System malfunction alarms or high water alarms shall be readily visible and audible for the
facility occupants and the Service Contractor and the alarms shall be connected to circuits
separate from the circuits serving operating equipment and pumps.
18. The System shall not include any relief valve or outlet for the discharge of wastewater to
prevent flooding of the system, back up or break out.
19. 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
to the elevation of the SAS interface with the underlying unsaturated pervious soils to
enable monitoring for ponding. The pipe shall be capped with a screw type cap and
accessible to within three inches of finish grade. (A locking cap at-grade is preferred for
annual inspection.)
20. Upon submission of an application for a Disposal System Construction Permit (DSCP),
the Designer shall provide to the local Approving Authority:
a) proof that the Designer has satisfactorily completed any required training by the
Company for the design and installation of the Technology;
b) for any proposed non-residential System or any residential System with a design flow
2,000 GPD or greater, certification by the Company as specified in Paragraph V.3;
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Revised March 20, 2015
c) certification by the Designer that the design conforms to the Approval, any Company
Design Guidance, and 310 CMR 15.000; and
d) a certification, signed by the Owner of record for the property to be served by the
Technology, stating that the property Owner:
i) has been provided a copy of the Approval, the Owner’s manual, and the
Operation and Maintenance manual and the Owner agrees to comply with all
terms and conditions;
ii) has been informed of all the Owner’s estimated costs associated with the
operation including, when applicable: power consumption, maintenance,
sampling, recordkeeping, reporting, and equipment replacement;
iii) understands the requirement for a service contract;
iv) agrees to fulfill his responsibilities to provide a Deed Notice as required by 310
CMR 15.287(10) and the Approval;
v) agrees to fulfill his responsibilities to provide written notification of the Approval
to any new Owner, as required by 310 CMR 15.287(5);
vi) if the design does not provide for the use of garbage grinders, the restriction is
understood and accepted; and
vii) whether or not covered by a warranty, the System Owner understands the
requirement 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 Alternative System is not capable of
meeting the performance standards.
21. The System Owner and the Designer shall not submit to the local Approving Authority a
DSCP application for the use of a Technology under this Approval, if the Approval has
been revised, reissued, suspended, or revoked by the Department prior to the date of
application. The Approval continues in effect until the Department revises, reissues,
suspends, or revokes the Approval.
22. The System Owner shall not authorize or allow the installation of the System other than
by a locally approved Installer and, if required by the Company, a person certified or
trained by the Company to install the System.
23. Prior to the commencement of construction, the System Installer must certify in writing
to the Designer, the local Approving Authority, and the System Owner that (s)he is a
locally approved System Installer and, if required by the Company, is certified by or has
received appropriate training by the Company.
24. The Installer shall maintain on-site, at all times during construction, a copy of the approved
plans, the Owner’s manual, the O&M manual, and a copy of the Approval.
25. Prior to the issuance of a Certificate of Compliance by the local Approving Authority, the
System Installer and Designer must provide, in addition to the certifications required by
Standard Conditions for Secondary Treatment Units for Remedial Use Page 8 of 19
Revised March 20, 2015
310 CMR 15.021(3), certifications in writing to the local Approving Authority that the
System has been constructed in compliance with the terms of the Approval.
26. The Department has not determined 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.
III. Operation and Maintenance, Effluent Quality, Monitoring, and Inspection
1. From start up and thereafter, the System Owner and Service Contractor shall be
responsible for the proper operation and maintenance of the System in accordance with
this Approval, the Designer's O&M requirements, the Company’s O&M requirements,
and the requirements of the local Approving Authority. The System Owner and Service
Contractor shall be responsible for compliance with the sampling, monitoring, and
inspection requirements. Any inspection, operation, maintenance, or monitoring
requirements remain in effect until the conditions are modified, terminated, or superseded
by a new Approval.
2. To ensure proper operation and maintenance (O&M) of the System, the System Owner
shall enter into an O&M Agreement with a qualified Service Contractor whose name
appears on the Company’s current list of Service Contractors and has been certified, at a
minimum, at Grade Level II (two) by the Board of Registration of Operators of
Wastewater Treatment Facilities, in accordance with Massachusetts regulations 257 CMR
2.00.
3. The System shall comply with the following monitoring requirements and effluent limits.
The required O&M Agreement with the Service Contractor shall include the following
monitoring schedule, at a minimum, subject to modifications that may be required by
Paragraphs III.8.a)and 8.b):
Standard Conditions for Secondary Treatment Units for Remedial Use Page 9 of 19
Revised March 20, 2015
Parameter Monitoring
Frequency
Sample
Type Location Effluent
Limits
pH
See
frequency
specified
below
grab effluent to SAS 6 to 9
turbidity
See
frequency
specified
below
measure effluent of
treatment unit ≤ 40 NTU
settleable
solids
See
frequency
specified
below
measure effluent of
treatment unit
Measure and
record ml/l
only
color
See
frequency
specified
below
visual
observation
effluent of
treatment unit
Record
observation
only
dissolved
oxygen (D.O.)
See
frequency
specified
below
measure effluent of
treatment unit ≥ 2 mg/l
Depth of
Ponding
Within SAS
once every
year measure Inspection port to
bottom of SAS
See Paragraph
III.10
Thickness of
floating
grease/scum
layer
Once every
3 years measure
Septic tank or
other process
tank where solids
are retained
Pump out, as
necessary
Depth of
Sludge and
distance to
effluent
tee/filter/outlet
Once every
3 years measure
Septic tank or
other process
tank where solids
are retained
Pump out, as
necessary
4. An individual household shall be monitored at least once every 12 months (exclusive of
alarm responses or other maintenance visits).
5. Facilities (residential and nonresidential) with a design flow of less than 2,000 gpd, other
than an individual household, shall be monitored a minimum of twice/year with a
minimum of 5 months since the last monitoring inspection (exclusive of alarm responses
or other maintenance visits) and a maximum of 7 months between monitoring
inspections.
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Revised March 20, 2015
6. Facilities (residential and nonresidential) with a design flow of 2,000 gpd or greater shall
be monitored quarterly not less than 2 months since the last monitoring inspection
(exclusive of alarm responses or other maintenance visits) and not more than 4 months
between monitoring inspections.
7. For Systems that include a Bottomless Sand Filter (BSF) for effluent disposal, the
monitoring requirements shall be as specified in the BSF Remedial Use Approval.
8. Systems installed under this Remedial Use Approval shall be subject to the following
Performance Requirements:
a) Whenever field tests indicate a pH outside the specified range, an exceedance of the
turbidity limit, or D.O. below the desired minimum, the Service Contractor shall
make adjustments and/or repairs to the System, as deemed necessary during the
inspection, and collect an effluent sample for laboratory analysis for BOD5 and TSS;
b) For an individual household, if laboratory analyses indicate an exceedance of 30
mg/L BOD5 or 30 mg/L TSS, the Service Contractor shall conduct a follow-up
inspection and field-testing within 180 days of the original inspection date. Should
the follow-up field-test indicate a pH outside the specified range, an exceedance of
the turbidity limit, or D.O. below the desired minimum, the Service Contractor shall
make adjustments and/or repairs to the System, as deemed necessary during the
inspection, and collect another effluent sample for laboratory analysis for BOD5 and
TSS; and
c) Whenever two consecutive monitoring rounds for any Secondary Treatment Unit
include at least one exceedance of the limits for BOD5 or TSS, the System Owner
shall be responsible for submitting to the local Approving Authority, within 90 days
of the second exceedance of the limits for BOD5 or TSS, a written evaluation with
recommendations for changes in the design, operation, and/or maintenance of the
System. The written evaluation with recommendations shall be prepared by the
Service Contractor or a Designer and the submission shall include all monitoring
data, inspection reports, and laboratory analyses since the last annual report to the
local Approving Authority.
Recommendations shall be implemented, as approved by the local Approving Authority,
in accordance with an approved schedule, provided that all corrective measures are
implemented consistent with the limitations described in Paragraph IV.9.
9. Each time an Alternative System is visited by a Service Contractor the following shall be
recorded, at a minimum:
a) date, time, air temperature, and weather conditions;
b) observations for objectionable odors;
c) observations for signs of breakout of sanitary sewage in the vicinity of the Alternative
System, which indicate a failure of the Alternative System;
d) depth of ponding within the SAS, if measured
e) identification of any apparent violations of the Approval;
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Revised March 20, 2015
f) since the last inspection, whether the system had been pumped with date(s) and
volume(s) pumped;
g) sludge depth and scum layer thickness, if measured;
h) when responding to alarm events, the cause of the alarm and any remedial steps taken
to address the alarm and to prevent or reduce the likelihood of future similar alarm
events;
i) field testing results when performed as part of the site visit;
j) samples taken for laboratory analysis, if any;
k) any cleaning and lubrication performed;
l) any adjustments of control settings, as recommended or deemed necessary;
m) any testing of pumps, switches, alarms, as recommended or deemed necessary;
n) identification of any equipment failure or components not functioning as designed;
o) parts replacements and reason for replacement, whether routine or for repair; and
p) further corrective actions recommended, if any.
10. Whenever an SAS inspection port measurement indicates the ponding level within the
SAS is above the invert of the distribution system, an additional measurement shall be
made 30 days later. If the subsequent reading indicates the elevation of ponding within
the SAS is above the invert of the distribution system, the System Owner shall be
responsible for submitting to the local Approving Authority, within 60 days of the follow
up inspection, a written evaluation with recommendations for changes in the design,
operation, and/or maintenance of the System. The written evaluation with
recommendations shall be prepared by the Service Contractor or a Designer and the
submission shall include all monitoring data, inspection reports, and laboratory analyses
for the previous year.
Recommendations shall be implemented, as approved by the local Approving Authority,
in accordance with an approved schedule, provided that all corrective measures are
implemented consistent with the limitations described in Paragraph IV.9.
11. Unless directed by the local Approving Authority to take other action, the System Owner
shall immediately cease discharges or have wastewater hauled off-site, if at any time
during the operation of the Alternative System the system is in failure as described in 310
CMR 15.303(1)(a)1 or 2, backing up into facilities or breaking out to the surface.
IV. Additional System Owner and Service Contractor Requirements
1. The System Owner shall not install, modify, upgrade, or replace the System except in
accordance with a valid DSCP issued by the local Approving Authority which covers the
proposed work.
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Revised March 20, 2015
2. Prior to commencement of construction of the System and after recording and/or
registering the Deed Notice required by 310 CMR 15.287(10), the System Owner shall
provide to the local Approving Authority a copy of:
a) a certified Registry copy of the Deed Notice bearing the book and page/or document
number; and
b) 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.
3. 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, as required by 310 CMR 15.287(5) of all conditions
contained in the Approval to the transferee(s). Any and all instruments of transfer and
any leases or rental agreements shall include as an exhibit attached thereto and made a
part of thereof 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
giving such notice to the transferee(s).
4. The System Owner and Service Contractor shall properly operate and maintain the
System in accordance with the Approval, the Designer's O&M requirements, the
Company’s O&M requirements and the requirements of the local Approving Authority.
5. Prior to commencement of construction of the System, the System Owner shall provide to
the local Approving Authority a copy of a signed O&M Agreement that meets the
requirements of Paragraph IV.6.
6. The System Owner and the Service Contractor shall maintain on-site, at all times, a copy
of the approved plans, the Owner’s Manual, the O&M Manual, a copy of the Approval,
and a copy of the O&M Agreement.
The O & M agreement shall be at least for one year and include the following provisions:
a) The name of a Service Contractor who meets the qualifications specified in the
Approval;
b) The Service Contractor must inspect the Alternative System as required by the
Approval;
c) The Service Contractor shall be responsible for obtaining lab analyses and submitting
the monitoring results to the System Owner and the local Approving Authority in
accordance with the reporting requirements; and
d) In the case of a System failure, an equipment failure, alarm event, components not
functioning as designed, or violations of the Approval, procedures and responsibilities
of the Service Contractor and System Owner shall be clearly defined for corrective
measures to be taken immediately. The Service Contractor shall agree to provide
written notification within five days, describing corrective measures taken, to the
System Owner, the local board of health, and the Company.
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Revised March 20, 2015
7. The Service Contractor shall notify the System Owner of any changes to the terms and
conditions of the Approval within 60 days of any changes.
8. Within one year of any changes to the terms and conditions of the Approval, the System
Owner shall amend, as necessary, the O&M Agreement required by Paragraph IV.6 to
reflect the changes to the terms and conditions of the Approval.
9. In the case of a System failure, an equipment failure, alarm event, components not
functioning as designed, components not functioning in accordance with manufacturers’
specifications, or violations of the Approval, the Service Contractor shall provide written
notification within five days, describing corrective measures taken, to the System Owner,
the local board of health, and the Company and may only propose or take corrective
measures provided that:
a) all emergency repairs, including pumping, shall be in accordance with the limitations
and permitting requirements of 310 CMR 15.353;
b) the design of any repairs or upgrades are consistent with the Alternative System
Approval;
c) the design of any repairs or upgrades requiring a DSCP shall be performed by an
individual meeting the qualifications of Paragraph II.2;
d) the installation of any repairs or upgrades requiring a DSCP shall be done by an
Installer with a currently valid Disposal System Installers Permit, in accordance with
310 CMR 15.019 and the Installer shall also comply with Paragraph II.23.
The System Owner shall also be responsible for ensuring written notification is provided
within five days to the local board of health.
10. The System Owner shall provide access to the site for the Service Contractor to perform
inspections, maintenance, repairs, responding to alarm events, field testing, and sampling
as may be required by the Approval.
11. 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; and
d) in accordance with the Approval.
12. The Service Contractor shall collect samples, if required by the Approval, and obtain
analysis results from an approved laboratory, perform any required field testing, and
submit results to the System Owner with the O&M report and inspection checklist within
60 days of the site visit. The O&M report and inspection checklist shall include, at a
minimum, any required wastewater analyses, any required flow data, and all the
Standard Conditions for Secondary Treatment Units for Remedial Use Page 14 of 19
Revised March 20, 2015
information required to be recorded for a maintenance inspection of an Alternative
System.
13. The System Owner and the Service Contractor shall maintain copies of any wastewater
analyses, wastewater flow data, field testing results, the Service Contractor’s O&M
reports, inspection checklists, and all reports and notifications to the local Approving
Authority for a minimum of three years.
14. Upon determining that the System is in violation of the Approval or the System has
failed, as defined in 310 CMR 15.303, the Service Contractor shall notify the System
Owner immediately.
15. Upon determining that the System has failed, as defined in 310 CMR 15.303, the System
Owner and the Service Contractor shall be responsible for the notification of the local
Approving Authority within 24 hours of such determination.
16. In the case of a System failure, an equipment failure, violations of the Approval, an alarm
event, or components not functioning as designed or in accordance with the Company
specifications, the Service Contractor shall provide written notification to the Company
within five days describing proposed corrective measures or corrective measures taken.
17. Violations of the BOD5, TSS, or pH in the System effluent shall not constitute a failure
of the System for the purposes of 24-hour notification or 5-day written reporting as
required in provisions applicable to all Alternative Systems. Breakout constitutes a
failure of the System. If breakout occurs, the Service Contractor and System Owner shall
comply with the 24-hour notification or 5-day written reporting provisions applicable to
all Alternative Systems.
18. By March 1st of each year, the System Owner and the Service Contractor shall be
responsible for submitting to the local Approving Authority all O&M reports, all
monitoring results, and inspection checklists completed by the Service Contractor during
the previous calendar year.
19. The System Owner and the Service Contractor shall provide written notification to the
local Approving Authority within seven days of any cancellation, expiration or other
change in the terms and/or conditions of a required O&M Agreement with a Service
Contractor. The Service Contractor shall provide written notification to the Company
within seven days of any cancellation, expiration or other change in the terms and/or
conditions of a required O&M Agreement with a System Owner.
20. By March 1st 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 calendar year.
Standard Conditions for Secondary Treatment Units for Remedial Use Page 15 of 19
Revised March 20, 2015
21. To determine whether cause exists for modifying, revoking, or suspending the Approval
or to determine whether the conditions of the Approval have been met, 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.
22. The Approval shall be binding on the System Owner and on its agents, contractors,
successors, and assigns, including but not limited to the Designer, Installer, and Service
Contractor. 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 System Owner unless the Department determines otherwise.
V. Company Requirements
1. The Approval shall only apply to model units with the same model designations specified
in the Technology Approval and meet the same specifications, operating requirements,
and plans, as provided by the Company at the time of the application. Any proposed
modifications of the units, installation requirements, or operating requirements shall be
subject to the review of the Department for inclusion under a modification of the
Approval. The Designer shall be responsible for the selection of the appropriate model
unit except, for systems of 2,000 gpd or more and nonresidential systems, the Company
shall be responsible for verification of the appropriate model unit as part of the review of
proposed installations under a Remedial Use 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 alarm response procedures, if any;
d) Estimates of Owner’s costs associated with the operation including, when applicable:
power consumption, maintenance, sampling, recordkeeping, reporting, and equipment
replacement;
e) A copy of the Company’s warranty; and
f) Lists of qualified Service Contractors and, if training is required, qualified Designers
and Installers.
3. Prior to the submission of an application for a DSCP, for all nonresidential Systems and
Systems with design flows of 2,000 gpd or greater, the Company shall submit to the
Designer and the System Owner, a certification by the Company or its authorized agent
that the design conforms to the Approval and all Company requirements and that the
Standard Conditions for Secondary Treatment Units for Remedial Use Page 16 of 19
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proposed use of the System is consistent with the Technology’s capabilities. The
authorized agent of the Company responsible for the design review shall have received
technical training in the Company’s products.
4. The Company shall maintain programs of training and continuing education for Service
Contractors. Training shall be made available at least annually. If the Company requires
trained Designers or Installers, the Company or its authorized agent shall institute
programs of training and continuing education that is separate from or combined with the
training for Service Contractors. The Company or its authorized agent shall maintain,
annually update, and make available by February 15th of each year, lists of Service
Contractors and, if certification or training is provided by the Company, Designers and
Installers. The Company or its authorized agent shall certify that the Service Contractors
and, if training is required, Designers and Installers on the lists have taken the appropriate
training and passed the Company’s training qualifications. The Company or its
authorized agent shall further certify that the Service Contractors on the list have
submitted to the Company all the reports required by Paragraphs IV.16, 19, and 20.
The Company or its authorized agent shall not re-certify a Service Contractor if the
Service Contractor has not complied with the reporting requirements for the previous
year.
5. If training is required, the Company shall not sell the Technology to an Installer unless
the Installer is trained to install the System by the Company. The Company shall require,
by contract, that distributors and resellers of the Technology shall not sell the Technology
to an Installer unless the Installer is trained to install the System by the Company.
6. As part of the required training programs for Designers, Installers, and Service
Contractors, the Company shall provide each trainee with a copy of this Approval with
the design, installation, O&M, and owner’s manuals that were submitted as part of the
Approval.
7. The Company shall provide, in printed or electronic format, the System design, installation,
O&M, and Owner’s manuals, and any updates associated with this technology Approval, to
the System Owners, Designers, Installers, Service Contractors, vendors, resellers, and
distributors of the System. Prior to publication or distribution in Massachusetts, the
Company shall submit to the Department for review a copy of any proposed changes to the
manual(s) with reasons for each change, at least 30 days prior to issuance. The Company
shall request Department approval for any substantive changes, as stated in Paragraph V.8.
8. Prior to publication or distribution in Massachusetts, when substantive changes in the design,
installation, operation, or maintenance of the System may be outside the limits of this Approval
and may require a modification of this Approval or may be the basis for a separate Approval,
the Company shall request approval by the Department.
9. Prior to its sale of any System that may be used in Massachusetts, the Company shall
provide the purchaser with a copy of this Approval with the System design, installation,
O&M, and Owner’s manuals. In any contract for distribution or sale of the System, the
Standard Conditions for Secondary Treatment Units for Remedial Use Page 17 of 19
Revised March 20, 2015
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. To determine whether cause exists for modifying, revoking, or suspending the Approval
or to determine whether the conditions of the Approval have been met, 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.
11. Within 60 days of issuance by the Department, 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.
12. 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 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.
13. The Company shall maintain copies of:
a) the Approval;
b) the installation manual specifically detailing procedures for installation of its System;
c) an owner’s manual, including alarm response procedures, if any;
d) an operation and maintenance manual, including:
i) an inspection checklist;
ii) recommended inspection and maintenance schedule;
iii) monitoring requirements and recommendations(including water use and power
consumption when required) and sampling procedures;
iv) alarm response procedures, if any, and troubleshooting procedures.
e) estimates of the operating costs provided to the Owner, including, when applicable:
power consumption, maintenance, sampling, recordkeeping, reporting, and equipment
replacement;
f) a copy of the Company’s warranty; and
g) lists of trained Service Contractors and, if training or certification is required,
Designers and Installers.
14. The Company shall maintain the following information for the Systems installed in
Massachusetts:
a) the address of each facility where the Technology was installed, the Owner's name
and address (if different), the type of use (e.g. residential, commercial, institutional,
etc.), the design flow, the model installed;
b) the installation date, start-up date, current operational status;
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c) the name of the Service Contractor, noting any cancellations or changes to any
Service Contracts;
d) a summary of system failures, system malfunctions, and violations of the Approval
with the date of each event and corrective actions taken to reach compliance,
including but not limited to: design changes; installation changes;
operation/maintenance changes; monitoring changes; and/or changes in roles and
responsibilities for the manufacturer, vendors, designers, installers, operators, and
owners; and
e) copies of all Service Contractor records submitted to the Company, including all
O&M reports with alarm event responses, all monitoring results, inspection checklists
completed by the Service Contractor, notifications of system failures, and reports of
equipment replacements with reasons.
All of the information required by this Paragraph shall be maintained by Company and
shall be made available to the Department within 30 days of a request by the Department.
15. 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 Department determines otherwise
VI. General Requirements
1. Any System for which a complete DSCP Application is submitted while the Approval is
in effect, may be permitted, installed, and used in accordance with the Approval, unless
and until:
a) the Department issues modifications or amendments to the Approval which
specifically affect the installation or use of a System installed under the Approval for
the System; or
b) 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.
2. All notices and documents required to be submitted to the Department by the Approval
shall be submitted to:
Director
Wastewater Management Program
Department of Environmental Protection
One Winter Street - 5th floor
Boston, Massachusetts 02108
3. 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 or
failure to disclose fully all relevant facts or any change in or discovery of conditions that
Standard Conditions for Secondary Treatment Units for Remedial Use Page 19 of 19
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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, a Designer, a System Owner, an Installer, and/or Service
Contractor.
This information is available in alternate format. Call Michelle Waters-Ekanem, Diversity Director, at 617-292-5751. TDD# 1-866-539-7622 or 1-617-574-6868 MassDEP Website: www.mass.gov/dep
Printed on Recycled Paper
singulair
REVISION OF APPROVAL FOR REMEDIAL USE
Pursuant to Title 5, 310 CMR 15.00
Name and Address of Applicant:
NORWECO, Inc.
220 Republic Street
Norwalk, OH 44857
Trade name of technology: Singulair Bio-Kinetic Wastewater Treatment System. Models:
Singulair 960 -500, 960-600, 960-750, 960-1000, 960-1250 and 960-1500, Singulair TNT-500,
TNT-600, TNT-750, TNT-1000, TNT-1250 and TNT-1500, Singulair Green (plastic tank): 960
Green-500, 960 Green-600, Green TNT-500 and Green TNT-600. All models are hereinafter
called the “System”. Schematic drawings illustrating the models, a design and installation
manual, an owner’s manual, an operation and maintenance manual, and an Inspection checklist are
part of this approval.
Transmittal Number: X252291
Revision Date: November 07 2012
Authority for Issuance
Pursuant to Title 5 of the State Environmental Code, 310 CMR 15.000, the Department of
Environmental Protection hereby issues this Approval for Remedial Use to: NORWECO, Inc., 220
Republic Street, Norwalk, OH 44857 (hereinafter "the Company"), approving the System
described herein for Remedial Use in the Commonwealth of Massachusetts. The sale, design,
installation and use of the System are conditioned on compliance by the Company, the Designer,
the Installer, the Service Contractor/ Operator and the System Owner with the terms and
conditions set forth below. Any noncompliance with the terms or conditions of this Approval
constitutes a violation of 310 CMR 15.000.
N o v e m b e r 07, 2012
D a v i d F e r r i s , D i r e c t o r D a t e
Wastewater Management Program
Bureau of Resource Protection
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Renewal of Approval for Remedial Use
Issued Date: November 07, 2012
singulair
Description of the Technology
The System is installed between the building sewer and the Soil Absorption System (SAS) or
disposal field. Systems designed for facilities in excess of 1,000 GPD typically require
installation of a pretreatment or septic tank sized in accordance with the Company’s requirements
and constructed in accordance with 310 CMR 15.223 through 15.226.
The Singulair Wastewater Treatment System, which includes both the Singulair 960 and Singulair
TNT models with concrete tank and the Green models with plastic tank, is an extended aeration
process providing flow equalization, pretreatment, aeration and clarification for treating sanitary
wastewater. The Singulair treatment process takes place in a three-compartment precast concrete
tank or similarly sized three-compartment plastic tank (Green models). The initial chamber removes
gross solids, grease and oil from the wastewater by settling and flotation. The clarified liquid is
aerated in the second chamber using a fractional horsepower, 1725 RPM aerator, operated with timer
typically set at 30 min on and 30 min off, to mix and aerate the liquid and promote aerobic treatment.
The TNT models are designed to be capable of also reducing total nitrogen in the wastewater with
aeration timed to operate 60 min on and 60 min off. The third chamber contains the Bio-Kinetic unit,
which provides additional filtration and settling using non-mechanical flow equalization. Sludge that
settles in the third chamber is returned to the aeration chamber using a Bio-Static sludge return
installed in an opening between the second and third compartments.
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 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. The control panel is
mounted in a location always accessible to the System operator.
Conditions of Approval
The term “System” refers to the STU in combination with the 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.
The term “Approval” refers to the technology-specific Special Conditions, the conditions
applicable to all STU’s with Remedial Use Approval, the General Conditions of 310 CMR 15.287,
and any Attachments.
For Secondary Treatment Units that have been issued Remedial Use Approval for the
upgrade or replacement of an existing failed or nonconforming system, the Department authorizes
reductions in the effective leaching area (310 CMR 15.242), the depth to groundwater (310 CMR
15.212), and/or the depth of naturally occurring pervious material (310 CMR 15.240(1)) subject to
the conditions that apply to all Secondary Treatment Units Approved for Remedial Use and
subject to the Special Conditions applicable to the Technology.
NORWECO, Inc. – Singulair Bio-Kinetic Wastewater Treatment System Page 3 of 4
Renewal of Approval for Remedial Use
Issued Date: November 07, 2012
singulair
Special Conditions
1. The System is a Secondary Treatment Unit Approved for Remedial Use. In addition to the
Special Conditions contained in this Approval, the System shall comply with all the “Standard
Conditions for Secondary Treatment Units Approved for Remedial Use”, except where stated
otherwise in these Special Conditions.
2. This Approval for Remedial Use authorizes the use of the System only where the design flow
for the facility is less than 1,500 gallons per day (GPD).
3. The System is approved for facilities where the local approving authority finds that:
a) there is no increase in the actual or proposed design flow;
b) the System is for the upgrade of a failed, failing or nonconforming system; and
c) a conventional system with a reserve area, designed in accordance with the standards of
310 CMR 15.100 through 15.255, cannot feasibly be built on-site.
4. The System, shall be installed between the building sewer and the effluent pump chamber for
disposal in the SAS of a system designed and constructed in accordance with 310 CMR 15.100
- 15.279, subject to the provisions of this Approval.
5. 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.
6. 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.
7. Singulair Green model installations with plastic tank are not designed for traffic loading. No
Green System shall be located or installed in a vehicle traffic area. Siting of the Green models
(960 Green-500, 960 Green-600, Green TNT-500 and Green TNT-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.
8. Singulair models 960-1000, 960-1250, 960-1500, TNT1000, TNT1250 and TNT1500 all
require separate septic tanks. These models must meet Title 5 septic tank requirements in
accordance with 310 CMR 15.223 through 15.226.
All other Singulair models covered by this Approval are exempt from the requirements for a
standard Title 5 septic tank designed in accordance with 310 CMR 15.223(1) and 15.224. The
record drawings, on file with the local approving authority, shall clearly indicate an area for a
NORWECO, Inc. – Singulair Bio-Kinetic Wastewater Treatment System Page 4 of 4
Renewal of Approval for Remedial Use
Issued Date: November 07, 2012
singulair
septic tank meeting the requirements of Title 5 and the drawings shall indicate that the area is
for the sole purpose of installing a Title 5 septic tank in the future, if necessary. The System
Owner shall not construct any permanent buildings or structures or disturb the site in any
manner that would prevent the installation of a Title 5 septic tank in the future.