The purpose of this article is to protect groundwater
from contamination, prevent the spread of disease and protect long-term
potability of drinking water in areas served by private wells.
For purposes of this regulation, the definition
of new construction shall be the same as that defined in 310 CMR 15.002
and the design flow for a system shall be determined according to
310 CMR 15.203.
Variances may be granted when in the opinion
of the Board of Health:
A. The person requesting a variance has demonstrated
that enforcement of the regulation would be manifestly unjust, considering
all of the relevant facts and circumstances of the individual case;
and
B. The person requesting a variance has demonstrated
that a level of environmental protection, that is at least equivalent
to that provided by this regulation, can be achieved without strict
application of this regulation from which a variance is sought.