Pursuant
to Title 5 of the State Environmental Code, 310 CMR 15.000, the Department of
Environmental Protection hereby issues this Approval to: F.R. Mahony &
Associates, 273 Weymouth Street, Rockland, MA 02370 (hereinafter "the
Company"), for Provisional Use in the Commonwealth of Massachusetts the
System described herein. Sale and use of the System are conditioned on and
subject to compliance by the Company 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.
Glenn Haas, Director
Division of Watershed Management
Department of Environmental Protection
I.
Purpose
1.
The
purpose of this Approval is to allow use of the System in Massachusetts, on a
Provisional Use basis, so as to evaluate further the capabilities and
performance of the System. The specific goals of the further evaluation are to
determine:
i.
if the
System is capable of consistently reducing the total nitrogen
(TN = TKN+NO2+NO3) concentration in the effluent
discharged to the soil absorption system (SAS) so that the Department may
allow an increase
in the loading rate per acre in areas subject to nitrogen loading limitations,
and
ii.
if the
System is capable of meeting or exceeding effluent limitations equivalent to
those of a Recirculating Sand
Filter.
2.
With
the necessary permits and approvals required by 310 CMR 15.000, this
Provisional Use Approval authorizes the use and installation of the System in
Massachusetts, and requires testing so that the Department can determine
whether the System consistently can or cannot function to effectively reduce
total nitrogen in the effluent.
3.
The
System may only be installed on facilities that meet the criteria of 310 CMR
15.286(4).
II.
Design
Standards
1.
The Amphidrome Process is a biological wastewater
treatment system that utilizes a Submerged Attached-Growth Sequencing
Bioreactor (SAGSB). The System
consists of an anoxic/equalization tank, which must comply with the design
criteria set forth below, a single reactor which alternates between aerobic
and anaerobic conditions, and a clear well.
Wastewater passes from the anoxic/equalization tank, through a granular
biological filter and into the clear well.
A pump is then used to reverse the flow back to the anoxic/equalization
tank. This cycle is repeated
multiple times and the effluent is discharged to the soil absorption system.
A schematic of the System is attached to and is part of this Approval.
i.
The anoxic/equalization tank shall be designed to have a
total working volume equal to one day’s design flow plus the volume of one
backwash.
ii.
The residual volume (i.e. volume below the effluent
invert) shall equal one day’s design flow.
iii.
The height of the effluent pipe from the bottom of tank
shall be at least 4 ft.
iv.
The effluent tee shall not be more than 1 ft. below the
effluent invert.
v.
The volume between the influent invert and the effluent
invert (i.e. fluctuating volume) must be equal to the volume required for one
backwash.
vi.
The influent invert shall be placed as close to the top
of the tank as possible.
vii.
The influent and effluent tees shall be located under the
access lids or manholes, and positioned at opposite ends of the tank.
viii.
The riser of the tee shall come up into the riser of the
tank to ensure that it is above the high water level.
ix.
A minimum of a 1500 gallon anoxic/equalization tank is
required.
x.
The requirements in 310 CMR 15.223(1) and 310 CMR 15.224
do not apply to the System.
2.
The System shall be installed in series between the building sewer and
the soil absorption system of a standard Title 5 system constructed in
accordance with 310 CMR 15.100 – 15.279, subject to the provisions of this
Approval.
3. New Construction less
than 2,000 gpd: When the System is used in areas subject to the nitrogen
loading limitations of 310 CMR 15.214, an increase in calculated allowable
nitrogen loading per acre is allowed for facilities with
a design flow of less than 2,000 gallons per day (gpd) as provided in 310
CMR 15.217(2). When used in such
areas:
i.
for residential facilities, the design flow shall not exceed 660
gallons per day per acre (gpda), and the System shall not exceed 19 milligrams
per liter (mg/L) total nitrogen (TN) concentration in the effluent measured as the total TKN
(total Kjeldhal Nitrogen), NO3-N (Nitrate nitrogen) and NO2-N
(Nitrite nitrogen).
ii.
for non-residential facilities, the design flow shall not exceed 550
gpda, and the System shall not
exceed 25 mg/L TN concentration in the
effluent.
4.
New
Construction 2,000 gpd to less than 10,000 gpd:
For all facilities with design flows of 2,000 gpd to less than 10,000 gpd, the
design flow shall not exceed 440 gpda and the System shall not exceed 25 mg/L
TN concentration in the effluent.
III.
General
Conditions
1.
All provisions of 310 CMR 15.000 are applicable to the use and
operation of this System, the System Owner and the Company, except those that
specifically have been varied by the terms of this Approval.
2.
Any required operation and maintenance, monitoring and testing shall be
performed in accordance with a Department approved plan.
Any required sample analysis shall be conducted by an independent U.S.
EPA or DEP approved testing laboratory, or a DEP approved independent
university laboratory, unless otherwise is provided in the Department's
written Approval. It shall be a
violation of this Approval to falsify any data collected pursuant to an
approved testing plan, to omit any required data or to fail to submit any
report required by such plan.
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.
4.
In accordance with applicable law, the Department and the local
approving authority may require the owner of the System to cease operation of
the system and/or to take any other action as it deems necessary to protect
public health, safety, welfare and the environment.
5.
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 sewer system.
Accordingly, no System shall be upgraded or expanded, if it is feasible to
connect the facility to a sanitary sewer, unless as allowed by 310 CMR 15.004.
6.
Design, installation and operation shall be in strict conformance with
the Company's DEP approved plans and specifications, 310 CMR 15.000 and this
Approval.
IV.
Conditions
Applicable to the System Owner
1.
The
System is approved in connection with the discharge of sanitary wastewater
only. Any non-sanitary wastewater generated or used at the facility served by
the System shall not be introduced into the System and shall be lawfully
disposed of.
2.
Prior to installation of the System, the proposed owner shall submit to
the Department the written approval of the local approving authority, together
with a copy of the complete application submitted to the local approving
authority. The application shall
be deemed approved by the Department if, within 60 days of receipt of a
complete application, the Department fails to either:
i.
request additional information in writing from the proposed owner;
ii.
grant a written approval, which may include any conditions the
Department deems appropriate, including but not limited to financial
assurances, to protect public health, safety, welfare or the environment; or
iii.
deny the application in writing.
iv.
In the event the Department requests additional information from the
proposed owner, the 60 day period for Department review shall commence upon
the Department’s receipt of such additional information.
3.
All samples shall be taken at a flowing discharge point, i.e.-
distribution box, pipe entering a pump chamber or other Department approved
location from the treatment unit. Any
required influent sample shall be taken at a point that will provide a
representative sample of the influent. Influent
sample locations shall be determined by the system designer, subject to the
Department's written approval.
4.
Effluent discharge concentrations shall meet or exceed secondary
treatment standards of 30 mg/L carbonaceous biochemical oxygen demand (CBOD5)
and 30 mg/L total suspended solids (TSS).
5.
For residential facilities with design flows less than 2,000 gpd, TN
concentration in the System effluent shall not exceed 19 mg/L. For all non-residential facilities and residential facilities
with design flows 2,000 gpd or greater, TN concentration in the System
effluent shall not exceed 25 mg/L.
6.
Operation and Maintenance agreement:
i.
Throughout its life, the System shall be under an operation and
maintenance (O&M) agreement. The
first O&M contract shall be for at least two (2) years, with the Company
or its approved maintenance firm. Each
subsequent O&M agreement shall be for at least one year.
ii.
No System shall be used until an O&M agreement is submitted to the
Department and the local approving authority which:
a. provides for the
contracting with the Company or its approved management company, trained by
the Company as provided in Section V (6), to operate the System consistent
with the System's specifications and the operation and maintenance
requirements specified by the designer and any specified by the Department;
b. contains procedures
for notification to the Department and the local board of health withinof a System failure or alarm event and for
corrective measures to be taken immediately;
c.
contains a plan to determine the cause of effluent limit violations for
total nitrogen, after the first three months, if violations occur on two
consecutive sampling events;
d.
provides the name of an operator, which must be a Massachusetts
certified operator if one is required by 257 CMR 2.00, that will operate and
monitor the System. The operator must operate and maintain the System at least
every three months and anytime there is an alarm event for residential
facilities with a design flow less than 2,000 gpd and at least monthly for
facilities with a design flow 2,000 gpd or greater and all non-residential
facilities.
7.
The owner of the System shall at all times have the System properly
operated and maintained in accordance with this Approval, the designer's
operation and maintenance requirements and the Company's approved procedures
and sampling protocols.
8.
Anytime the operator is changed, within seven days of such change, the
owner shall notify the Department and the local approving authority in writing
and submit a copy of the new agreement to operate and monitor the System.
9.
The owner shall furnish the Department any information, which the
Department may request regarding the System, within 21 days of the date of
receipt of that request.
10.
Prior to transferring any or all interest in the property served by the
System, or any portion of the property, including any possessory interest, the
owner of the System shall provide written notice of all conditions contained
in this 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 thereof a copy of this
Approval for the System. The
System owner shall send a copy of such written notification(s) to the
Department within 10 days of such notice being given.
11.
For year round residential facilities with design flows less than 2,000
gpd, effluent from the System shall be monitored at least once per calendar quarter. Any sample collected within 60 days or more than 90 days of a
previous sample shall not be considered a required quarterly sample.
For all non-residential facilities and residential facilities with
design flows of 2,000 gpd or greater, both influent and effluent shall be
monitored monthly.
Subject to the Department's written approval, the system designer shall
determine influent sampling locations. The
following parameters shall be monitored: pH, CBOD5, TSS, alkalinity
and TN. Each
time the System is monitored, the water meter, if a water meter is installed,
shall be read and the water use recorded.
All monitoring data shall be submitted to the
Department and local approval authority within 45
days of the sampling date.
After two years of monitoring for residential facilities with design
flows less than 2,000 gpd and three years for all non-residential facilities
and residential facilities with design flows of 2,000 gpd or greater, at the
written request of the owner, the Department may reduce the monitoring
requirements.
12.
For seasonal residential facilities where the residence is occupied
fewer than six months per year, effluent from the System shall be monitored
twice per season; initially 45 days after occupancy,
and if
the residence is occupied during an additional calendar quarter, once during
that following quarter prior to System shut
down. The
following parameters shall be monitored: pH, CBOD5, TSS, alkalinity
and TN. Each time the System is
monitored, the water meter, if a water meter is installed, shall be read and
the water use recorded. All
monitoring data shall be submitted to the Department
and local approval authority within 45
days of the sampling date.
After four seasons of monitoring and at the written request of the
owner, the Department may reduce the monitoring requirements.
13.
The inspection results must be recorded on a DEP approved inspection
form and a technology checklist, copies of which are attached to this
Approval. The forms must be
completed by the System operator and submitted to the Department
and local approval authority, along with any required sampling data,
within 45 days of the inspection date.
14.
Prior to the issuance of a Certificate of Compliance for the System,
the System owner shall record and/or register in the appropriate Registry of
Deeds and/or Land Registration Office, a Notice disclosing both the existence
of the alternative septic system subject to this Approval on the property and
the Department's approval of the System. If the property subject to the Notice is unregistered land,
the Notice shall be marginally referenced on the owner's deed to the property.
Within 30 days of recording and/or registering the Notice, the System
owner shall submit the following to the Department and the local approving
authority: (i) a certified
Registry copy of the Notice bearing the book and page/instrument number and/or
document number; and (ii) if the property is unregistered land, a Registry
copy of the owner's deed to the property, bearing the marginal reference.
15.
Within fourteen days of the local approving authority’s issuance of
the Certificate of Compliance for the System, the owner shall submit a copy of
the Certificate of Compliance to the Department.
IV.
Conditions
Applicable to the Company
1.
By January 31st of each year, the Company shall submit a
report to the Department signed by a corporate officer, general partner or
Company owner that contains information on the System for the previous
calendar year. The report shall state: the number of units of the System sold
for use in Massachusetts during the previous year; the address of each
installed System, the owner's name and address, the type of use (e.g.
residential, commercial, school, institutional) and the design flow; and for
all Systems installed since the first issuance of an Approval for the System,
all known failures, malfunctions, and corrective actions taken and the address
of each such event.
2.
The Company shall notify the Director of the Watershed Permitting
Program at least 30 days in advance of the proposed transfer of ownership of
the technology for which this Approval is issued. Said notification shall
include the name and address of the proposed new owner and a written agreement
between the existing and proposed new owner containing a specific date for
transfer of ownership, responsibility, coverage and liability between them.
All provisions of this Approval applicable to the Company shall be applicable
to successors and assigns of the Company, unless the Department determines
otherwise.
3.
The Company
shall develop and submit to the Department within 60 days of the effective
date of this Approval: minimum
installation requirements; an operating manual, including information on
substances that should not be discharged to the System; a maintenance
checklist; and a recommended schedule for maintenance of the System essential
to consistent successful performance of the installed Systems.
4.
The Company
shall develop and submit to the Department within 60 days of the effective
date of this Approval a standard protocol essential for consistent and
accurate measurement of performance of installed Systems, including procedures
for sample collection and analysis of the System.
The protocol shall be in accordance with the latest edition of Standard
Methods for the Examination of Water and Wastewater.
5.
The Company
shall make available, in printed and electronic format, the referenced
procedures and protocol in paragraphs 3 and 4 directly above to owners,
operators, designers and installers of the System.
6.
The Company shall institute and maintain a program of operator training
and continuing education, as approved by the Department. The Company shall update the list of qualified operators and
make the list known to users of the technology.
7.
The Company or its designee shall conduct an intended use review of the
System prior to the sale of any nonresidential unit to ensure that the
proposed use of the System is consistent with the unit’s capabilities.
8.
The Company shall conduct a performance evaluation in accordance with
310 CMR 15.286(6) once every three years.
A report shall be submitted to the Department no more than 180 days
beyond the three-year anniversary of this Approval.
9.
The Company shall furnish the Department any information that the
Department requests regarding the System, within 21 days of the date of
receipt of that request.
10.
The Company shall include copies of this Approval
and the
procedures and protocol described in Section V (3) and (4) 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 the distributor or re-seller
to provide each
purchaser of the System with copies
of this Approval and the procedures and protocol
described in Sections V (3) and (4).
11.
If the Company wishes to continue this Approval beyond its
expiration date, the Company shall apply for and obtain a renewal of this Approval.
The Company shall submit a renewal application at least 180 days before
the expiration date of this Approval,
unless written permission for a later date has been granted in writing by the
Department.
This Approval shall continue in
force until the Department has acted on the renewal application.
12.
The Department may require the
technology proponent to perform evaluations of system performance, conduct
tests, and take corrective action when, based upon a preponderance of the
available data and information, it is necessary to take such actions to ensure
technology performance conforms with this Approval.
VI.
Reporting
1.
All notices and documents required to be submitted to the Department by
this Approval shall be submitted to:
Director
Watershed Permitting Program
Department of Environmental Protection
One Winter Street - 6th floor
Boston, Massachusetts 02108
VII.
Rights
of the Department
1.
The Department may suspend, modify or revoke this Provisional Use
Approval for cause, including, but not limited to, non-compliance with the
terms of this Approval, non-payment of the 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 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 this Approval and/or the
System against the owner, or operator of the System and/or the Company.
VIII.
Expiration
date
1.
Notwithstanding the expiration date of this Approval, any System sold
and installed prior to the expiration date of this Approval
or any continuation of this Approval, that
is approved, installed and maintained in compliance with this Approval
(as it may be modified) and 310 CMR 15.000, may remain in use unless the
Department, the local approving authority, or a court requires the System to
be modified or removed, or requires discharges to the System to cease.
