- What is a Local Upgrade Approval?
- Can a Board of Health issue more than one Local Upgrade Approval for repair of a single system?
- What is a variance?
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.
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.
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.