Local Upgrade Approvals
(1) The owner or operator may upgrade a failed or nonconforming system with design flows
below 10,000 gpd or systems which fail to protect public health, safety, welfare and the environment pursuant to a local upgrade approval in accordance with the standards and requirements of 310 CMR 15.404 and 15.405 without obtaining variances. The application for a local upgrade approval shall be made using a form approved by the Department. Notification to abutters shall be provided pursuant to the process in 310 CMR 15.411(1)(b), as required by 310 CMR 15.405(2), where the application is for reduction in the setback from a property line or from a private water supply well.
(2) Local Upgrade approvals shall not be granted for upgrade proposals which include the
addition of new design flows to a cesspool or privy or for the addition of new design flows above
the existing approved capacity of