06- 096 C.M.R. ch. 500, § 15
The Department may, on a case-by-case basis, approve a best management practice or stormwater treatment measure pursuant to Section 4(C)(3)(e) of this Chapter when requested by an applicant.The Department may require the applicant to collect and submit sufficient information on the performance of the best management practice or stormwater treatment measure to allow evaluation. If the best management practice or stormwater treatment measure does not perform at least as well as would have been expected from otherwise available best management practices or stormwater treatment measures, the Department may require the permittee to replace or otherwise redesign the system.
The Department may only approve an experimental system on a site where it would be possible to replace or redesign the experimental system if necessary.
06- 096 C.M.R. ch. 500, § 15