A cesspool or privy is failing to protect public health and safety, welfare and the environment if any portion of it is within any of the dimensional criteria below and the local Approving Authority in its professional judgment determines the system is not functioning in a manner to protect the public health and safety, welfare and the environment:
In making a determination pursuant to 310 CMR 15.303(1)(b), the local Approving Authority shall consider:
If any portion of the soil absorption system is within any of the dimensional criteria listed in 310 CMR 15.303(1)(c), unless the Approving Authority in its professional judgment, with the concurrence of the public water supplier, if any, determines the system is functioning in a manner to protect the public health and safety, welfare and the environment.
310 CMR, § 15.303