What is a Local Upgrade Approval?

Local Upgrade Approvals are variations of the Title 5 regulations that allow system owners to upgrade a nonconforming system to the maximum extent feasible (310 CMR 15.401-405). Local Upgrade Approvals are issued by the local Board of Health, or by MassDEP only for federal and state facilities, where MassDEP is the approving authority.

Can a Board of Health issue more than one Local Upgrade Approval for repair of a single system?

Generally yes. However, if one of the approvals is for a reduction in the separation to groundwater, other factors must be considered. Check with your Board of Health for clarification on your situation.

What is a variance?

A variance is required whenever Title 5 requirements are varied for situations not covered under Local Upgrade Approvals (310 CMR 15.410-420). Variances can be granted only when the applicant has demonstrated that their situation without a variance is manifestly unjust AND that granting the variance will not reduce the level of environmental protection below that offered by Title 5.