ISDS 



♦♦Establish specific standards of inspection for systems issued variances 

 from mandatory upgrade. For these "conditional" systems, a lien would be placed 

 upon the property stating that the owner assumes responsibility to ensure that continued use 

 of a "conditional" system will not result in or accelerate malfunction through system 

 blockage, siuface seepage, or groundwater concentration, (see also VARIANCES) 



♦Using the point system applied to site evaluation and issuance of 

 variances, establish a maintenance and inspection formula for new systems 

 (including those on pre-existing lots) based on site evaluation, size, design 

 flow, existing conditions, and other relevant factors. Apply these criteria in 

 issuing the ISDS permit, such that the permit becomes a contract specifying responsibility 

 for maintenance and repair, and defining inspection frequency. In WWMDs, maintenance 

 schedules will be established by the WWMD. 



CHANGE OF USE 



Findings and Concerns 



Many of the areas of the Bay watershed which present most significant ISDS concern 

 arc old dense coastal neighborhoods established for seasonal use, in which residences have 

 been converted for year-round occupancy. A large proportion of the waste disposal 

 systems in these areas pre-date state construction standards and are in extremely poor 

 condition or have completely deteriorated Although these older communities are now 

 considered priority sites for upgrading and replacing ISDS, no specific permit requirements 

 apply to change of use for seasonal conversion or where increased flows are proposed- 

 Town building inspectors may require homeowners to seek DEM approval, but otherwise 

 DEM is not generally notified. 



Recommendations 



I Revise ISDS regulations to specify that: ' 



♦*No building shall be converted to year-round use from seasonal use, 

 or use changed unless: a) the lot in question satisfies all current 

 requirements of the ISDS regulations; or b) an agreement for regular 

 maintenance has been made between a WWMD or a licensed waste 

 hauler and the homeowner, specifying maintenance frequency 

 required; and c) the agreement is consistent with applicable 

 mandatory upgrade provisions (outlined in MAINTENANCE AND 

 REPAIR, above); and d) the agreement is attached as a permanent 

 deed restriction or covenant. 



ENFORCEMENT 



Findings and Concerns 



Investigation and enforcement of ISDS failures is inadequate. Several 

 problems contribute to the situation, including shortage of staff, lack of a computerized on- 

 line permit data management systems, lack of availability of monitoring data, and conflicts 

 regarding shared responsibility between DEM and DOH. 



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