Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 3.00 - Surface Water Discharge Permit Program › Section 3.04 - Other Activities Requiring a Permit

Current through Register 1525, July 5, 2024
(1)
			 No person shall engage in any other activity, other than those described in
			 314 CMR
			 3.03, which may reasonably result, directly
			 or indirectly, in the discharge of pollutants into waters of the Commonwealth,
			 without a currently valid permit from the Department, pursuant to
			 314 CMR 3.00 and
			 2.00, unless exempted in
			 314 CMR 3.05. Any
			 person who engages or proposes to engage in such activities may apply for an
			 individual permit or, if applicable, apply to obtain coverage under a general
			 permit under
			 314 CMR 3.06, by
			 filing the appropriate application forms in accordance with
			 314 CMR 3.00 and
			 2.00.
(2) Such other activities shall specifically
			 include, but are not limited to:
(a)
Storm Water Discharges
means a conveyance or system of
			 conveyances (including pipes, conduits, ditches and channels) primarily used
			 for collecting and conveying storm water runoff, but not including combined
			 municipal sewer systems, and which discharges storm water from small municipal
			 separate storm sewer systems that require coverage under a general permit
			 issued by the Department pursuant to
			 314 CMR
			 3.06(11)(b).
(b)
Case-by-case Designation of
			 Storm Water Discharges
. The Department may designate a conveyance
			 or one or more systems of conveyances primarily used for collecting and
			 conveying storm water runoff as a storm water discharge(s). This designation
			 shall be made by the Department when:
1. A
			 Water Quality Management plan under of the the Clean Water Act,
			 33 U.S.C.
			 1251
et seq
, § 208,
			 which contains requirements applicable to such discharge sources is approved,
			 provided that any such discharge source is subject to designation as a storm
			 water discharge only if it meets one or more of the designation criteria in 314
			 CMR 3.04(2)(b)2. through 5.; or
2.
			 The Department determines that a storm water discharge is or may be a
			 significant contributor of pollution to the waters of the Commonwealth. In
			 making this determination, the Department shall consider the following factors:
a. The location of the discharge with respect
			 to waters of the Commonwealth;
b.
			 The size of the discharge;
c. The
			 quantity and nature of the pollutants reaching waters of the Commonwealth and
			 the Massachusetts water quality standards applicable to such waters;
			 and
d. Other relevant factors;
			 or
3. The Department
			 determines that a discharge of storm water runoff is contaminated by contact
			 with process wastes, raw materials, toxic pollutants, hazardous substances, or
			 oil and grease, provided, however, that discharges in compliance with storm
			 water management standards developed by the Department do not require a permit;
			 or
4. The Department determines
			 that a discharge of storm water is subject to effluent limitations guidelines
			 or toxic pollutant effluent standards; or
5. The Department determines that a discharge
			 of storm water is located in an industrial plant or in plant associated areas,
			 if there is a potential for significant discharge of storm water contaminated
			 by contact with process wastes, raw materials, toxic pollutants or hazardous
			 substances. "Plant associated areas" means industrial plant yards, immediate
			 access roads, drainage ponds, refuse piles, storage piles or areas, and
			 material or product loading and unloading areas. The term excludes areas
			 located on plant lands separate from the plant's industrial activities, such as
			 office buildings and accompanying parking lots. Such discharges do not require
			 an individual permit if the discharger has obtained coverage under an
			 applicable general permit issued by EPA and/or by DEP pursuant to
			 314 CMR
			 3.06.
(c) Any person owning, operating or
			 maintaining a "storm water discharge" is subject to the requirements of 314 CMR
			 3.04(1).
(d) Any person owning,
			 operating or maintaining a conveyance or system of conveyances operated
			 primarily for the purpose of collecting and conveying storm water runoff which
			 does not constitute a "storm water discharge" is subject to the provisions of
			 314 CMR
			 3.05(7).