Permit Fact Sheet
- What is the purpose of MassDEP approval or issuance of a Title 5 variance?
MassDEP approval or issuance of variances is necessary to ensure, generally, that the applicant has demonstrated that the proposed system for disposal of sanitary sewage can maintain a level of environmental protection at least equivalent to the requirements of Title 5, without strict application of the specific provision(s) from which a variance is sought, and that enforcement of the provision would be manifestly unjust.
This application is for review and approval of Title 5 variance requests only, and does not apply to any local bylaws. BRP WP 59c is to be used for applications for increased flow to an existing system.
You must obtain approval from MassDEP for these activities:
- Variances granted by the Board of Health pursuant to 310 CMR 15.000, with the exception of those listed in 3210 CMR 15.412(4), for which no MassDEP approval is required.
- Variance from a provision of Title 5 which only MassDEP may grant pursuant to 310 CMR 15.414.
- Variance for increased flow to large systems or to systems which, with the increase in flow, will have a design flow of 10,000 - 14,999 gallons per day, pursuant to 310 CMR 15.006 and 15.414.
- Who must apply?
Any State or Federal facility, or those facilities specifically required by MassDEP to apply, proposing to obtain a variance under 310 CMR 15.414 for increased flow to an existing system must apply for BRP WP 59c.
Note that anyone proposing to obtain a variance(s) from 310 CMR 15.000, other than for increased flow, a variance listed in 310 CMR 15.412(4), a variance for schools pursuant to 310 CMR 15.416, or a variance from percolation rate pursuant to 310 CMR 15.417 must use a different form: BRP WP 59b.
If these categories do not apply to you, please be advised these are not the only permit or variance categories for Title 5 on-site sewage disposal systems. Please review the Timely Action Schedule and Fee Provisions, 310 CMR 4.00 and Title 5 of the State Environmental Code, 310 CMR 15.000 to determine whether another category may apply to you.
- What other requirements should be considered when applying for a variance?
- Variances to Title 5 for schools, reviewed and approved by the Department pursuant to 310 CMR 15.416, require an application under BRP WP 60. Do not use the BRP WP 59 application form for such variance requests.
- Variances for increased flow to a large system or to a system that would result in a design flow of 10,000 gpd or greater do not require prior written approval by the Board of Health under Title 5.
- What is the application fee?
See Permit Application Timelines and Fees Schedule .
- What is the Primary Permit Location? What is the Reserve Copy Location?
Primary Permit Locations:
For BRP WP 59b and 59c:
Department of Environmental Protection
__________* Regional Office
Title Permitting Program
Find Your Region
There are no Reserve Copy Locations for these permits.
- Where can I get a copy of the timelines?
The timelines are available on the MassDEP Website: Permit Application Timelines and Fees Schedule
- What is the annual compliance fee?
There is no annual compliance fee for this category.
- How long is a variance in effect?
This approval remains in effect as long as the system and facility served remain unchanged or until the approval is revoked or modified.
- How can I avoid the most common mistakes made in applying for a variance?
- Review the application for completeness to be sure all questions are answered correctly.
- Make sure the adequate number of copies of plans and specifications are complete and signed and stamped by a Massachusetts Registered Sanitarian or Professional Engineer, whichever is appropriate.
- Submit fee and a copy of the MassDEP Transmittal Form to:
Department of Environmental Protection
P. O. Box 4062
Boston, MA 02211.
- What are the regulations that apply to variances? Where can I get copies?
These regulations include, but are not limited to:
- Title 5 Regulations, 310 CMR 15.000.
- b. Timely Action Schedule and Fee Provisions, 310 CMR 4.00.