1. Instructions: BRP WP 58a doc format of    BRP WP 58a Instructions  pdf format of BRP WP 58a Approval of Nitrogen Loading Plan

  2. Form: BRP WP 58a doc format of    BRP WP 58a Approval of Nitrogen Loading Plan

  3. Transmittal Form & Number for Permit Application & Payment


Permit Fact Sheet

  1. What is the purpose of this approval?

    This approval is necessary to ensure that the aggregation of nitrogen loading for on-site subsurface sewage disposal system(s) is performed in an environmentally acceptable manner and in accordance with the provisions of Title 5 of the Environmental Code, 310 CMR 15.000.

    You must obtain approval from MassDEP for the following plans:
    • Community plans to aggregate for nitrogen loading over a region wide area, such as Zone IIs or Interim Wellhead Protection Areas (310 CMR 15.216(4)) or in environmentally sensitive areas such as systems serving new residential construction where the use of both on-site wastewater disposal systems and drinking water supply wells are proposed, i.e., private well areas.
    • Facility plans to aggregate nitrogen loading for a facility, where the facility land and credit land are proposed to be used for nitrogen aggregation (310 CMR 15.216(5)). Facility plans may apply to Zone IIs, Interim Wellhead Protection Areas or areas of new residential construction where the use of both on-site wastewater disposal systems and drinking water supply wells are proposed, i.e., private well areas.
  2. Who must apply?

    Any individual, business, organization or municipality proposing to implement a nitrogen aggregation plan for either a community or any part thereof or a specific facility is required to obtain MassDEP approval in accordance with 310 CMR 15.216.

    If this category does not apply to you, please be advised this is not the only permit category for Title 5 on-site sewage disposal systems or related plans. Please consult the Timely Action Schedule and Fee Provisions, 310 CMR 4.00 and Title 5 of the Environmental Code, 310 CMR 15.000, to determine whether another category may apply to you. Note: Any and all land identified as "restricted" or "credit land" for the purposes of one application for aggregate nitrogen loading cannot be used for another application pursuant to 310 CMR 15.216.

    Note: MassDEP anticipates the preparation of either a Community Plan or a Facility Plan proposing to aggregate for nitrogen loading may require both technical (including hydrogeologic) and legal expertise.
  3. What other requirements should be considered when applying?
    • Plans proposing nitrogen aggregation require prior written approval by the local approving authority (310 CMR 15.216).
    • Plans proposing nitrogen restrictions on facility and credit land(s) require prior written approval by the property owner(s) (310 CMR 15.216(5)).
    Note: These additional requirements are intended to serve as a guide to the applicant. They do not necessarily include all additional requirements.
  4. What is the application fee?

    See  Permit Application Timelines and Fees Schedule pdf format of    Permit Application Timelines and Fees Schedule  .
     

  5. What is the Primary Permit Location? What is the Reserve Copy Location?

    Primary Permit Location:
    Department of Environmental Protection (2 copies)
    __________* Regional Office
    Title 5 Permitting Program
    * Find Your Region

    There are no Reserve Copy Locations for these permits.
  6. Where can I get a copy of the timelines?

    The timelines are available on the MassDEP Website: Permit Application Timelines and Fees Schedule pdf format of    Permit Application Timelines and Fees Schedule
  7. What is the annual compliance fee?

    There is no annual compliance fee.
  8. How long is the approval in effect?

    This approval remains valid until MassDEP revokes or modifies the approval. In the case of a Community Plan, the approval is in effect until there is a local land use regulation change or other action that would impact the MassDEP approved nitrogen loading plan.
  9. How can I avoid the most common mistakes made in applying for this approval?
    1. Review application for completeness to be sure all questions are answered correctly.
    2. Refer to the Department's, "Guidelines For Title 5 Aggregation of Flows and Nitrogen Loading (310 CMR 15.216)" for further guidance.
    3. For a Community Plan, attach the following:
      • completed application with supporting materials;
      • a map for the area covered by the plan;
      • buildout analysis under current zoning for the area covered by the plan;
      • 440 gpd per acre equivalency calculations;
      • in the case of a Zone II, results of the MassDEP Nitrogen Loading Computer Model;
      • approval from the local approving authority;
      • comments from the Planning Board, if any;
      • a nitrogen loading management plan.
    4. For a Facility Plan, attach the following:
      • completed application with supporting materials;
      • approval from the local approving authority;
      • locus and site maps with relevant features;
      • a narrative description of the proposal and presenting facts;
      • 440 gpd per acre equivalency calculations;
      • copies of current deeds for the facility and credit land(s);
      • copies of all unexecuted nitrogen deed restrictions on facility and credit land(s);
    5. For facilities with design flow of 2000 gpd or greater, if either the local approving authority or MassDEP requires a site-specific mass balance analysis, applicants must also attach:
      • a hydrogeologic assessment;
      • site-specific mass balance analysis;
      • a groundwater monitoring plan;
      • results from the MassDEP Nitrogen Loading Model, if applicable;
      • Planning Board comments, if any.
    6. Submit fee and a copy of the MassDEP Transmittal Form to:
      Department of Environmental Protection
      P. O. Box 4062
      Boston, MA 02211
  10. What are the regulations that apply to this approval? Where can I get copies?

    These regulations include, but are not limited to:
    1. Title 5 Regulations, 310 CMR 15.000.
    2. Timely Action Schedule and Fee Provisions, 310 CMR 4.00.
    These may be purchased online, in person, or by mail at the Massachusetts State Bookstore.