Creative wastewater management solutions are needed to enable compact growth in areas where sewer service is not available.  Individual septic systems require a large area on each lot for wastewater disposal, preventing compact growth such as village development or open space residential developments.  Sites with poor soils, high groundwater, or other constraints may be rendered unbuildable, even those that are otherwise excellent candidates for compact growth.  

Shared septic systems and small wastewater treatment facilities offer the advantage of needing only one location for disposal rather than one for each dwelling unit or lot.  The total discharge area is generally smaller and can be creatively located to avoid site constraints (such as poor soils or high groundwater) or to protect sensitive water resources.  These facilities often provide better treatment than conventional septic systems and are inspected more often, helping to protect water quality.  Even in areas that have sewer service, on-site wastewater disposal may be the preferred alternative in order to promote groundwater recharge.  

Regulatory changes by the state and assistance to local boards will expedite wastewater disposal permitting and provide further options for developers while still protecting the environment and public health.  

Larger wastewater systems (more than 10,000 gallons per day) are regulated through the Groundwater Discharge Permit Regulations, administered by the Massachusetts Department of Environmental Protection.  DEP has developed draft regulations that will facilitate the use of these systems to support compact growth.  These regulations should be adopted.  

Individual septic systems and shared septic systems under 10,000 gallons per day are both regulated by local boards of health, which may not favor shared or innovative systems due to concerns about growth, accountability, or resource protection.  Some local boards of health are wary of permitting shared systems due to concerns about institutional and financial responsibility for long-term maintenance.  DEP has developed a standard Title 5 Covenant and Easement form that can be used to establish a legally binding structure, but some boards of health may require more stringent mechanisms such as a condominium association, which may discourage the use of shared systems.  DEP should establish a template for legal and institutional structures that would be automatically presumed satisfy the requirements of Title 5.

While it is important to ensure protection of water resources, DEP should also seek to expedite the review period for innovative and alternative technologies that can provide greater flexibility for compact growth.  DEP should also partner with MAPC and other organizations to provide additional education on the latest technologies, regulations, and legal requirements for innovative, alternative, and shared systems.

19.a    DEP should adopt a standardized format for the legal and financial mechanism required for shared systems and private sewage treatment plants

19.b    DEP should accelerate the review time frames for Innovative and Alternative septic technologies.  

19.c    MAPC, NEIWPCC, and DEP should educate local boards of health and planning boards on innovative and alternative systems and shared wastewater systems

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