Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 21.00 - Massachusetts Watershed Permit Regulations › Section 21.10 - General Conditions

Current through Register 1525, July 5, 2024
The following general conditions apply to all Watershed Permits
				and shall be included therein:
(1)
Duty to Comply
. Except as provided in
			 314
			 CMR 21.10(2), each permittee
			 shall comply with all terms and conditions of this permit,
			 314 CMR
			 21.00, M.G.L. c. 21, §§ 26 through 53, and
			 all other applicable state and federal statutes and regulations. Noncompliance
			 with any of the foregoing is grounds for enforcement action, permit
			 termination, permit revocation, permit modification, or denial of a permit
			 renewal application.
(2)
Treatment of Co-permittees
. Notwithstanding
			 314
			 CMR 21.10(1), each
			 co-permittee is severally liable for those activities they agree to carry out
			 under the approved Watershed Management Plan.
(3)
Notification of
			 Delays
. Each permittee shall promptly notify the Department, in
			 writing, upon learning of any delay in compliance with the implementation
			 schedule established by this permit. Such notice shall state the anticipated
			 length and cause of the delay, the measure or measures to be taken to minimize
			 the delay, and a timetable for implementing the measure or measures. The
			 permittee shall take appropriate measures to avoid or minimize any such delay.
			 Notification will not shield the permittee from liability associated with
			 noncompliance with the permit's implementation schedule.
(4)
Proper Operation and
			 Maintenance
. Each permittee, at all times, shall properly operate
			 and maintain all Conventional and Alternative Control Approaches and
			 Technologies and related appurtenances which are installed or used by the
			 permittee pursuant to, or to achieve compliance with, the terms and conditions
			 of this permit.
(5)
Duty to Mitigate
. Each permittee shall take all
			 reasonable steps to minimize or prevent any significant adverse impact on human
			 health or the environment that may result from non-compliance with this
			 permit.
(6)
Relationship to Other Permits
. This permit shall not
			 be construed to relieve the permittee, individually or collectively, of the
			 obligation to comply with the terms and conditions of any other permit, order
			 or approval, including any Section 401 Water Quality Certificate, issued by the
			 Department.
(7)
Duty to
			 Monitor
. Each permittee shall carry out the approved monitoring
			 activities established by this permit. Samples and measurements taken for the
			 purpose of monitoring shall be representative of the monitored activity.
			 Monitoring information required by this permit shall be retained for five years
			 following the life of the permit, or as otherwise approved by the Department.
			 Records of monitoring information include:
(a)
			 the date, exact location, and time of sampling or measurements;
(b) the individual(s) who performed the
			 sampling or measurements;
(c) the
			 date(s) analyses were performed;
(d) the individual(s) who performed the
			 analyses;
(e) the analytical
			 techniques or methods used; and
(f)
			 the results of such analyses.
Monitoring must be conducted according to test procedures
				approved by the Department or the EPA for such purposes, unless other test
				procedures are specified in the permit.