Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 3.00 - Surface Water Discharge Permit Program › Section 3.03 - Discharges Requiring A Permit

Current through Register 1525, July 5, 2024
(1) No person
			 shall discharge pollutants to surface waters of the Commonwealth without a
			 currently valid permit from the Department pursuant to M.G.L. c. 21, § 43
			 and
			 314 CMR 3.00, unless exempted
			 in
			 314 CMR 3.05. No
			 person shall construct, install, modify, operate or maintain an outlet for such
			 a discharge or any treatment works required to treat such discharge without
			 having first obtained a discharge permit in accordance with 314 CMR 3.03(1) and
			 written approval from the Department for such activity, unless exempted
			 pursuant to
			 314 CMR 3.05. The
			 Department may require any person to provide information as the Department may
			 reasonably require to determine whether that person is subject to M.G.L. c. 21,
			 §§ 26 through 53 or to
			 314 CMR 3.00 or has violated
			 the M.G.L. c. 21, §§ through 53 or
			 314 CMR 3.00. The Department
			 may require any person that it determines is subject to or in violation of
			 M.G.L. c. 21, §§ 26 through 53 or
			 314 CMR 3.00 to apply for and
			 obtain an individual permit, or if applicable, apply for and obtain coverage
			 under a general permit under
			 314 CMR 3.06. Any
			 person who discharges or proposes to discharge pollutants to surface waters of
			 the Commonwealth 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) Discharges of pollutants requiring a
			 permit under 314 CMR 3.03 shall include, but not be limited to:
(a) All point source discharges of pollutants
			 to surface waters from publicly and privately owned treatment works, including
			 any bypasses or overflows from such works, and from manufacturing, commercial,
			 and mining activities and processes, whether treated or untreated.
(b)
Concentrated Aquatic Animal
			 Production Facilities
, as defined herein. "Concentrated aquatic
			 animal production facility" means a hatchery, fish farm, or other facility
			 which meets the criteria in
			 314 CMR
			 3.15(1), or which the
			 Department designates under 314 CMR 3.03(2)(c).
(c) Any warm or cold water aquatic animal
			 production facility designated by the Department as a concentrated aquatic
			 animal production facility upon a determination in accordance with
			 314 CMR
			 3.15 that it is a significant contributor of
			 pollution to waters of the Commonwealth. In making this designation the
			 Department shall consider the following factors:
1. The location and quality of the receiving
			 waters of the Commonwealth;
2. The
			 holding, feeding, and production capacities of the facility;
3. The quantity and nature of the pollutants
			 reaching waters of the Commonwealth; and
4. Other relevant factors.
A permit application shall not be required from a concentrated
				aquatic animal production facility designated under 314 CMR 3.03 until the
				Department has conducted an on-site inspection of the facility and has
				determined that the facility should and could be regulated under the permit
				program.
(d)
			 Discharges into
Aquaculture Projects
as defined
			 herein. "Aquaculture project" means a defined, managed water area which uses
			 discharges of pollutants into that designated area for the maintenance or
			 production of harvestable freshwater, estuarine, or marine plants or animals.
Designated Project Area
means the
				portions of the waters of the Commonwealth within which the permittee or permit
				applicant plans to confine the cultivated species, using a method or plan or
				operation (including, but not limited to, physical confinement) which on the
				basis of reliable scientific evidence, is expected to ensure that specific
				individual organisms comprising an aquaculture crop will enjoy increased growth
				attributable to the discharge of pollutants, and be harvested within a defined
				geographic area.
(e)
Silvicultural Point Sources
as defined herein.
			 "Silvicultural point source" means any discernible, confined and discrete
			 conveyance related to rock crushing, gravel washing, log sorting, or log
			 storage facilities which are operated in connection with silvicultural
			 activities and from which pollutants are discharged into waters of the
			 Commonwealth. The term does not include non-point source silvicultural
			 activities such as nursery operations, site preparation, reforestation and
			 subsequent cultural treatment, thinning, prescribed burning, pest and fire
			 control, harvesting operations, surface drainage, or road construction and
			 maintenance from which there is natural runoff. However, some of these
			 activities (such as stream crossing for roads) may involve point source
			 discharges of dredged or fill material which may require a Section 404 permit.
Rock Crushing and Gravel Washing
				Facilities
means facilities which process crushed and broken
				stone, gravel and riprap (
See
40 CFR Part 436 , Subpart B,
				including the effluent limitations guidelines).
Log Sorting and Log Storage
				Facilities
means facilities whose discharges result from the
				holding of unprocessed wood, for example, logs or roundwood with bark or after
				removal of bark held in self-contained bodies of water (mill ponds or log
				ponds) or stored on land where water is applied intentionally on the logs (wet
				decking) (
See
40 CFR Part 429 , Subpart I, including the
				effluent limitations guidelines).
(f)
Concentrated Animal Feeding
			 Operations
, as defined in
			 40
			 CFR 122.23.