310 CMR, § 15.018

Current through Register 1531, September 27, 2024
Section 15.018 - Function of Soil Evaluators
(1) The function of the Soil Evaluator is to enhance the review and approval of proposed systems by ensuring that appropriate expertise in soil identification, groundwater hydrology, and topography is available when the characteristics of the proposed disposal area are determined for purposes of applying the siting and design criteria set forth in 310 CMR 15.000. Soil Evaluators may perform the site evaluation required by 310 CMR 15.100 while acting either as an agent of an Approving Authority (a fee may be assessed pursuant to M.G.L. c. 40, § 22F), or as an independent agent of the owner in the presence of the Approving Authority. If the evaluator is an agent or member of the Approving Authority having jurisdiction over the system, he or she shall not act as an agent for the owner.
(2) Based upon an evaluation of the suitability of the proposed disposal area for a proposed, upgraded or expanded system in accordance with 310 CMR 15.100 through 15.107, the Soil Evaluator shall certify to the Approving Authority and the Designer as to the accuracy of the soil evaluation in conformance with 310 CMR 15.100 through 15.107. The certification shall contain a recitation of the facts and rationale underlying the soil evaluation and a copy of the soil evaluation form. The soil evaluator shall submit the results to the Approving Authority with the following statement:

I certify that I am currently approved by the Department of Environmental Protection pursuant to 310 CMR 15.017 to conduct soil evaluations and that the above analysis has been performed by me consistent with the required training, expertise, and experience described in 310 CMR 15.017. I further certify that the results of my soil evaluation, as indicated on the attached soil evaluation form, are accurate and in accordance with 310 CMR 15.100 through 15.107.

Any certifications shall be forwarded to the Approving Authority, the Designer and the property owner. Failure to forward certifications to the Approving Authority within 60 days of the date of the field testing shall be cause for revocation of the Soil Evaluator's approval.

310 CMR, § 15.018