Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 5.00 - GROUND WATER DISCHARGE PERMIT PROGRAM › Section 5.10 - Permit Conditions

Current through Register 1525, July 5, 2024
(1)
General Conditions
. The conditions in
			 314 CMR 5.16
			 apply to every individual and general permit issued under
			 314 CMR 5.00, whether or not
			 expressly incorporated into the permit. The permittee shall comply with all of
			 the general conditions in
			 314 CMR
			 5.16.
(2)
Special
			 Conditions
.
(a) In addition to
			 the conditions applicable to all permits listed in
			 314 CMR 5.16,
			 the Department will include special conditions in general permits and on a
			 case-by-case basis in individual permits to provide for and assure compliance
			 with all applicable requirements of M.G.L. c. 21, §§ 26 through 53,
			 and
			 314 CMR 5.00. An applicable
			 requirement of M.G.L. c. 21, §§ 26 through 53, and
			 314 CMR 5.00 is a state
			 statutory or regulatory requirement which takes effect prior to issuance of the
			 permit. Applicable requirements will be identified in the fact sheet or
			 statement of basis prepared under
			 314 CMR
			 2.05:
Preparation of Fact Sheet or
			 Statement of Basis for Permit
.
At a minimum, the special conditions shall establish effluent
				limitations in accordance with 314 CMR 5.10(3), and (4), and other applicable
				requirements such as: the duration of the permit (314 CMR 5.10(5)) ;
				monitoring, recordkeeping and reporting requirements (314 CMR 5.10(6)) ; and,
				where applicable, schedules of compliance (314 CMR 5.10(7)) and other
				conditions (314 CMR 5.10(8)) . The permittee shall comply with all special
				conditions included in the permit.
(b)
Effluent
			 Limitations
. Except as expressly provided in 314 CMR 5.10(3)(c),
			 (4)(a)2., (4A), (4B), (4C), and (9), the Department shall apply the more
			 stringent of the water quality based effluent limitations under 314 CMR
			 5.10(3), or the technology based effluent limitations under 314 CMR 5.10(4). In
			 the case of reissued permits, the Department shall apply effluent limitations
			 which are at least as stringent as those in the previous permit, unless the
			 effluent limitations imposed by the previously issued permit are more stringent
			 than subsequently promulgated effluent guidelines and one or more of the
			 following conditions apply:
1. The discharger
			 has installed the treatment facilities required to meet the effluent
			 limitations in the previous permit and has properlyoperated and maintained the
			 facilities, but has nevertheless been unable to achieve the previous effluent
			 limitations. In this case, the limitations in the renewed or reissued permit
			 may reflect the level of pollutant control actually achieved (but shall not be
			 less stringent than required by the subsequently promulgated effluent
			 limitation guidelines);
2. The
			 circumstances on which the previous permit was based have materially and
			 substantially changed since the time the permit was issued and would constitute
			 cause for permit modification or revocation and reissuance under
			 314
			 CMR 5.12(2).