Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 5.00 - GROUND WATER DISCHARGE PERMIT PROGRAM › Section 5.16 - General Conditions

Current through Register 1525, July 5, 2024
The following conditions apply to all individual and general
				permits:
(1) No discharge authorized
			 in the permit shall cause or contribute to a violation of
			 314 CMR 4.00:
Massachusetts Surface Water Quality Standards
. Upon
			 promulgation of any amended standard, the permit may be modified to comply with
			 such standard in accordance with the procedures in
			 314
			 CMR 2.10:
Modification, Suspension,
			 Revocation and Renewal of Permits and General Permit Coverage
and
			 314
			 CMR 5.12. Except as otherwise provided in
			 314 CMR
			 5.10(3)(c),
			 5.10(4)(a)2.
			 and 5.10(9), no discharge authorized in the permit shall impair the ability of
			 the ground water to serve as an actual or potential source of potable water.
			 Evidence that a discharge impairs the ability of the ground water to serve as
			 an actual or potential source of potable water includes, without limitation,
			 analysis of samples taken in a downgradient well that demonstrates one or more
			 exceedances of the applicable water quality based effluent limitations set
			 forth in
			 314 CMR 5.10.
			 In those cases where it is shown that a measured parameter exceeds the
			 applicable water quality based effluent limitations set forth in
			 314 CMR 5.10 at
			 the upgradient monitoring well, evidence that a discharge impairs the ability
			 of the ground water to serve as an actual or potential source of potable water
			 is deemed to exist if a measured parameter in any downgradient well exceeds the
			 level of that same measured parameter in the upgradient well for the same
			 sampling period. A statistical procedure approved by the Department shall be
			 used to determine when a measured parameter exceeds the allowable
			 level.
(2)
Duty to
			 Comply
. The permittee shall comply at all times with the terms and
			 conditions of the permit,
			 314 CMR 5.00, M.G.L. c. 21,
			 §§ 26 through 53, and all applicable state and federal statutes and
			 regulations.
(3)
Standards and Prohibitions for Toxic Pollutants
. The
			 permittee shall comply with effluent standards or prohibitions established by
			 § 307(a) of the Federal Act,
			 33 U.S.C. §
									1317(a), for toxic
			 pollutants within the time provided in the regulations that establish these
			 standards or prohibitions, even if the permit has not yet been modified to
			 incorporate the requirement.
(4)
Proper Operation and Maintenance
. The permittee shall
			 at all times properly operate and maintain all facilities and equipment
			 installed or used to achieve compliance with the terms and conditions of the
			 permit,
			 314 CMR 12.00:
Operation and Maintenance and Pretreatment Standards for Wastewater
			 Treatment Works and Indirect Discharges
, and
			 257 CMR 2.00:
Certification of Operators of Wastewater Treatment Facilities
.
			 All equipment shall be maintained in an acceptable condition for its intended
			 use.
(5)
Duty to Halt
			 or Reduce Activity
. Upon reduction, loss, or failure of the
			 treatment facility, the permittee shall, to the extent necessary to maintain
			 compliance with its permit, control production, discharges, or both, until the
			 facility is restored or an alternative method of treatment is provided. A
			 permittee may not raise as a defense in an enforcement action that it would
			 have been necessary to halt or reduce the permitted activity in order to
			 maintain compliance with the conditions of the permit.
(6)
Power Failure
.
			 In order to maintain compliance with the effluent limitations and prohibitions
			 of the permit, the permittee shall either:
(a)
			 provide an alternative power source sufficient to operate the wastewater
			 control facilities; or
(b) halt,
			 reduce or otherwise control production or all discharges upon the reduction,
			 loss, or failure of the primary source of power to the wastewater control
			 facilities.