What is an alternative Title 5 system? |
An alternative system is any on-site sewage disposal system or portion of a system that is not designed or constructed in a manner consistent with a conventional Title 5 system. A conventional system has a septic tank, a distribution box or dosing mechanism, a soil absorption system and a reserve area. Alternative systems may provide equal or superior performance to that of conventional systems. Some examples of alternative systems are recirculating sand filters, aerobic treatment units, Wisconsin mounds, peat filters, humus/composting toilets and intermittent sand filters. |
Are there any alternative systems being used right now? |
Yes. Recirculating sand filters and humus/composting toilets are specifically
approved for general use within the Title 5 Code, subject to certain conditions.
Additionally, DEP has issued many Piloting Use Approvals, Provisional Use
Approvals, Certifications for General Use and Remedial Use Approvals of
alternative technologies, and new technologies are under review on an ongoing
basis.Additional innovative technologies are in use based on site-specific
approvals issued by the Department. Over 700 systems with alternative technologies
are in use in the state and more are installed each year.
A list of the alternative technologies approved for use in Massachusetts is updated and published on the web by DEP on a regular basis. For further information about these systems, please contact a DEP Regional or Boston Office listed below, check DEPÕs web site at http://www.magnet.state.ma.us/dep or contact your Board of Health. |
Do alternative systems work? |
Yes, alternative systems typically perform successfully when they are designed, constructed, operated and maintained in accordance with the DEP approval. To decrease the potential risk associated with non-conventional systems, the Code established a three tiered evaluation process to approve promising technologies for field testing, and, if they prove effective, ultimately for General Use in Massachusetts. Under piloting and provisional approvals, systems are evaluated and monitored. Proponents of effective technologies ultimately may obtain General Use certification; the terms of the certification may include operation, maintenance or other appropriate requirements. |
What happens when they break down or fail? |
As with a conventional system, the owner must either repair or replace the failed system. A full range of options may be possible: repair with the same technology, use of another alternative system, or installation of a conventional Title 5 system. In some instances, manufacturer warranties may apply. The Board of Health or the Department may order interim measures to protect public health and the environment. Until an alternative system is certified for General Use it may be installed only to remedy a failed or nonconforming system, or for new construction where a Title 5 system or other alternative approved for General Use can be installed. |
How does this three tiered process work? |
Title 5 establishes a three- tiered review and approval process for
alternative systems as follows: Piloting, the first level, is intended
to demonstrate that the proposed technology can function effectively under
the relevant physical and climatological conditions at the pilot sites;
the evaluation essentially is technical.
Piloting generally is not intended to address long-term operation and maintenance, although the information gathered during piloting should be used to understand long-term operation and maintenance needs. The Department will accept technologies for piloting when available data on the technology shows that the technology is likely to be able to provide a level of environmental protection at least equivalent to a conventional Title 5 system. The Department may approve no more than 15 facilities at which piloting of any one particular technology may occur. Provisional Approval, the second level, is intended to evaluate alternative technologies that appear technically capable of providing levels of protection at least equivalent to those of conventional Title 5 systems and to determine whether, under actual field conditions in Massachusetts with broader usage than a controlled pilot setting, use of the alternative system is likely to provide such protection, and whether any additional conditions addressing long-term operation, maintenance and/or monitoring are necessary to ensure such protection. General Use Certification, the final level, is intended to facilitate and allow the use, under appropriate conditions, of an alternative system that has shown a level of environmental protection at least equivalent to that of a conventional system. If adequate, relevant, performance data from other states is available, the alternative technology may enter this process at any tier. It is not necessary to go through all three tiers. [310 CMR 15.280 - 15.289] |
When can I use an alternative system to remedy a failed or nonconforming system? |
Separate from the tiered approach for General Use is a category for
technologies to be used for upgrade of failed, failing or nonconforming
systems, referred to as Remedial Use Approval [310 CMR 15.284]. The approvals
for technologies approved for Remedial Use often include criteria under
which a technology can be used to allow a reduction in the size of a soil
absorption system (which translates to an increase in soil loading rate),
or a reduction in the distance to groundwater, or a reduction in the required
depth of naturally occurring pervious soils. These criteria are described
in the approval letter for each technology.
In addition, an alternative technology that has received a General Use Certification, or Provisional Use or Piloting Approval may be used in remedial situations if the use is consistent with the conditions of the DEP approval for each technology. Technologies that have not been approved by DEP, or for which the terms of the approval letter can not be met on a specific site, may sometimes still be used based on a site specific approval issued by DEP. As with an application for a conventional Title 5 system, generally an application to install an alternative system must be approved by the local Board of Health, who must also issue a Disposal System Construction Permit [310 CMR 15.003]. When an alternative system is proposed in compliance with the applicable DEP approval letter for the technology, generally no application to DEP is required. Other situations require DEP approval |
I would like to install a composting toilet. Should I apply to the Department? |
Not when the proposed use of the humus/composting toilet meets the conditions of the certification for General Use, in 310 CMR 15.289(3). You do, however, have to obtain a Disposal System Construction Permit from the local approving authority prior to installation of the system. All other proposed uses of composting toilets must be approved by the Board of Health and DEP. [310 CMR 15.289] |
Can I use an alternative system, without variances, to make a lot buildable if my lot does not have: a) the required percolation rate of 30 minutes per inch or less; b) four feet of naturally occurring soil; or c) the required separation from high groundwater? |
No. In certifying an alternative technology for General Use, the Department
may determine that the technology may be used on lots that do not meet
all of the technical requirements of the Code. At this time, however, no
technology has been certified for use for new construction, on a lot that
does not meet the Code's percolation rates, that does not have at least
four feet of naturally occurring soil, or does not have the necessary separation
from high groundwater.
The Department has approved certain alternative technologies for use on lots that do not meet the above requirements for the upgrade of a nonconforming, failed or failing existing system, where both a sewer connection and a conventional Title 5 system are not feasible. These approvals are Remedial Use Approvals. [310 CMR 15.280-15.289] In addition, under a provision designed to help determine whether slower percolation rates than those currently allowed by the Code are suitable for on-site sewage disposal, the Department may allow up to 20 single-family homes per year to be constructed using soils with percolation rates between 30 and 60 minutes per inch for the soil absorption systems. Approval by the Board of Health, and then by the Department, is required, and systems constructed under one of these approvals are subject to monitoring and reporting requirements. Contact the Department for more information on this program. [310 CMR 15.417] |
I would like to use a technology that currently is not used in Massachusetts for a new house. How do I obtain an approval? |
For new construction, in accordance with 310 CMR 15.280 - 15.289, the
manufacturer or other proponent of the technology may apply to the Department
for Piloting or Provisional approval, or for General Use certification.
Or, you may apply to the Department for approval to pilot the technology
on your property. To pilot an alternative system for new construction,
including an increase in design flow, you must show that the property could
support a conventional system; this provision provides for a back-up in
case the piloted system fails.
You may pilot a technology on your property when it is used to replace an existing failed, failing or a nonconforming system, so long as there is no increase in design flow to the system. Depending on the situation, you may prefer to apply for a site-specific Remedial Use approval instead. . For any of these approvals, you must apply to both the Board of Health and the Department. |
Where can I obtain a list of approved technologies? |
You may obtain a copy of a list of DEP approved alternative technologies, as well as ones under review for general use certification, by contacting your DEP regional office, or the Boston office. (See addresses and telephone numbers listed below.) The list of alternative technologies is also available from the Wastewater Management & Title 5 Publications page. |
Do you still have questions? |
For Title 5 information and referrals, contact:
DEP Metropolitan Boston/ Northeast Region
DEP Central Region
|