ISDS 



maintenance, which will be difficult to achieve where plants are owned and operated by 

 homeowners associations or neighborhood cooperatives. Further, new discharges are 

 prohibited in certain areas. 



Recommendations 



I ***Develop clear regulatory requirements for package plants, specifying: 



a) clear prohibition of package plant construction based on site suitability criteria, and 

 in subdivisions or other facilities where a permanent condo or maintenance fee 

 cannot be attached by a regulatory authority to meet maintenance requirements; 



b) licensing and bonding requirements for operators; 



c) detailed management and maintenance plans to be required of permit applicants; 



d) detailed financing and performance bonding requirements; 



e) requirements for consistency of plant siting with local zoning, wastewater 

 management plans, or other municipal growth management or infrastructure 

 planning programs; 



f) requirements for special up-fix>nt compensation by developer for support of 

 maintenance in areas where soils are considered to be of marginal suitability; and 



g) requirements for comprehensive DEM/CRMCTDOH/Division of Planning impact 

 review of all proposals for installation of package plants. 



VARIANCE PROCEDURES 



Findines and Concerns 



Partially in response to concerns regarding inverse condemnation, 

 variances and special exceptions are currently issued to allow ISDS 

 construction in numerous Bay watershed areas incapable of providing 

 proper effluent treatment. 



In some situations, potentially detrimental setback alterations may be made without even 

 applying for approval of a variance from DEM. Under Section 3.05 of the ISDS 

 regulations, reductions in setback distances from wells may be obtained without applying 

 for a variance from DEM, provided DOH approval is obtained. As outlined in other 

 sections, DOH narrowly interprets its jurisdiction over groundwater protection. 



No minimum standards or written policies govern approval of 

 variances. The DEM variance review committee must evaluate the effect of the issuance 

 on public interest or public health, considering potential impacts to water quality, 

 recreation, public health, and nuisance factors. The DEM variance review committee is 

 made up of members from DEM, the DOH, and local building inspectors, and does not 

 include outside technical professional reviewers. 



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