reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 9.00 - 401 Water Quality Certification For Discharge Of Dredged Or Fill Material, Dredging, And Dredged Material Disposal In Waters Of The United States Within The Commonwealth › Section 9.13 - Effective Date, Transition Rule, and Severability

Current through Register 1525, July 5, 2024
(1)
								314 CMR 9.00 shall take effect
			 on January 2, 2008. Any application submitted to the Department prior to
			 January 2, 2008 shall be considered under the standards and criteria in effect
			 prior to January 2, 2008, including the Stormwater Management Standards as set
			 forth in the Stormwater Policy issued by the Department on November 18,
			 1996.
(2)
Transition
			 Rule
. When an applicant has filed a Notice of Intent under M.G.L.
			 c. 131, § 40 prior to March 1, 1995 for which a Final Order is
			 subsequently issued and the planning board approves a definitive subdivision
			 plan pursuant to M.G.L. c. 41, §§ 81K through 81GG or determines that
			 approval is not required based on plans that substantially conform to the
			 Notice of Intent, activities related to a real estate subdivision shall be
			 subject to the substantive standards as previously in effect under
			 314 CMR 9.00 dated December
			 31, 1983. Such activities shall be subject to the application provisions of the
			 revised
			 314 CMR 9.00 effective March
			 1, 1995, but not including
			 314
			 CMR 9.06 through
			 9.10.
(3)
Severability
. If
			 any provision of any part of
			 314 CMR 9.00, or the
			 application thereof, is held to be invalid, such invalidity shall not affect
			 any other provision of
			 314 CMR 9.00.
Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 12.00 - Operation And Maintenance And Pretreatment Standards For Wastewater Treatment Works And Indirect Dischargers › Section 12.01 - Purpose

Current through Register 1525, July 5, 2024
Pursuant to the authority of M.G.L. c. 21, §§ 27(9),
				27(12), 34 and 43 the Department hereby establishes standards and pretreatment
				requirements to insure the proper operation and maintenance of wastewater
				treatment works and the protection and enhancement of water resources within
				the Commonwealth.
Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 12.00 - Operation And Maintenance And Pretreatment Standards For Wastewater Treatment Works And Indirect Dischargers › Section 12.04 - Maintenance of Treatment Works and Sewer Systems

Current through Register 1525, July 5, 2024
(1) All persons operating wastewater
			 treatment facilities shall prepare, adopt and keep current an operation and
			 maintenance manual. The operation and maintenance manual shall be submitted to
			 the Department for review and approval. The manual will be presumed approved if
			 the Department does not issue a written approval, conditional approval, denial
			 or request for further information within 90 days after submittal. The
			 submittal and issuance dates are the dates that the manual and the Department's
			 approval, conditional approval, denial or information request are postmarked.
			 The manual shall be implemented as approved. The operation and maintenance
			 manual shall contain all information needed by the operator of the treatment
			 works to properly operate and maintain said treatment works in accordance with
			 the requirements of
			 314 CMR 12.00, and shall
			 include at a minimum the following items:
(a)
			 Introduction;
(b) Permits and
			 Standards;
(c) Description,
			 Operation and Control of Wastewater Treatment Facilities;
(d) Description, Operation and Control of
			 Sludge Handling Facilities;
(e)
			 Description, Operation, Control and Testing of the Chemical Addition and
			 Monitoring System;
(f)
			 Personnel;
(g) Sampling and
			 Laboratory Analysis;
(h) Records
			 and Reporting;
(i)
			 Maintenance;
(j) Emergency
			 Operating and Response Program;
(k)
			 Safety;
(l) Utilities and Energy
			 Requirements;
(m) Infiltration and
			 Inflow Removal;
(n) Emergency
			 Notification Procedures for overflows or bypasses in accordance with
			 314 CMR
			 12.03(8).
Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 12.00 - Operation And Maintenance And Pretreatment Standards For Wastewater Treatment Works And Indirect Dischargers › Section 12.05 - Safety Program

Current through Register 1525, July 5, 2024
(1) All equipment
			 and tools utilized by personnel working on treatment works shall be maintained
			 by all persons in a safe and useable condition.
(2) Any person maintaining chlorine equipment
			 at wastewater treatment facilities shall be provided with a self contained
			 compressed air breathing apparatus and be instructed in its use. It is strongly
			 suggested that an emergency tank repair kit be provided at facilities utilizing
			 gaseous chlorine and that personnel be instructed in the use of such repair
			 kit.
(3) Self contained compressed
			 air masks, air tanks and all connections thereto shall be inspected and tested
			 at least once every six months for general condition and operating functions.
			 The tank shall be inspected for safety and structural integrity once every five
			 years.
(4) At least one spare fully
			 charged cylinder shall be kept on hand when self contained compressed air masks
			 are provided as required under 314 CMR 12.05(2).
(5) Any person operating a sewer system or a
			 wastewater treatment facility shall submit a report to the Department
			 concerning any death or major injuries occurring at said system or facility.
			 The report shall include as a minimum:
(a) the
			 duties of the individual or individuals involved;
(b) what occurred;
(c) the cause (if known) of the
			 accident;
(d) the extent of
			 injuries; and
(e) the steps taken
			 to minimize and prevent future accidents.
A copy of the insurance or municipal accident report will be
				accepted if the above items are included.
Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 12.00 - Operation And Maintenance And Pretreatment Standards For Wastewater Treatment Works And Indirect Dischargers › Section 12.06 - Sampling and Analysis

Current through Register 1525, July 5, 2024
(1) Any person
			 operating a wastewater treatment facility shall provide laboratory facilities
			 as required by the Department.
(2)
			 All sampling and analysis required under
			 314 CMR 12.00 shall be
			 conducted in compliance with 40 CFR Part 136 or other methods approved by the
			 Department.
(3) Any person
			 operating a wastewater treatment facility shall provide adequate laboratory
			 equipment and supplies. No reagents shall be used that are contaminated or
			 beyond the age recommendations of Standard Methods for the Examination of Water
			 and Wastewater.
(4) The Department
			 may determine the type and frequency of laboratory test results and other data
			 each particular wastewater treatment facility is required to submit.
Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 12.00 - Operation And Maintenance And Pretreatment Standards For Wastewater Treatment Works And Indirect Dischargers › Section 12.07 - Recordkeeping and Reporting

Current through Register 1525, July 5, 2024
(1) Monthly
			 operating records shall be maintained in accordance with the Department's
			 publication titled Directions for Completing Monthly Report Form for Wastewater
			 Treatment Plants, made available by the Department on request. All daily
			 inspection logs consistent with the O & M Manual requirements shall be kept
			 at the wastewater treatment facility for a period of three years.
(2) Records of operation of wastewater
			 treatment facilities or disposal systems required by the Department shall be
			 submitted on forms supplied by the Department, on other forms approved by the
			 Department for such use, or through eDEP. Monthly reports shall be certified by
			 the wastewater treatment plant operator in charge and submitted by the tenth
			 calendar day of the following month, unless otherwise specified in the permit.
			 The Department may change the date of submittal upon receiving a written
			 request from the person explaining the reason that
			 314 CMR 12.00 imposes an
			 unreasonable hardship.
(3) Records
			 shall be maintained of septage discharged to the treatment works and organic
			 material accepted and processed in all anaerobic digesters at POTWs pursuant to
			 314 CMR
			 12.03(13). They shall
			 contain at a minimum, the date, time, source, volume discharged and whether or
			 not the load contained industrial wastes. Septage discharged at a wastewater
			 treatment facility shall be tested for pH. These records shall be made
			 available to the Department upon request.
(4) Data contained in the monthly operating
			 records or other such records submitted to the Department shall be factually
			 accurate to the best knowledge of the person operating the wastewater treatment
			 facility.
(5) Records of all
			 monitoring information including all calibration and maintenance records, all
			 original strip chart recordings for continuous monitoring instrumentation, and
			 copies of all reports required by
			 314 CMR 12.00 shall be
			 retained for a period of at least three years from the date of the sample,
			 measurement, or report. The retention period may be extended by the Department
			 at any time. Records of monitoring information shall include:
(a) The date, exact place, and time of
			 sampling or measurements;
(b) The
			 name of the individual(s) who performed the sampling or measurement;
(c) The date(s) analyses were
			 performed;
(d) The name of the
			 individual(s) who performed the analyses;
(e) The analytical techniques or methods
			 used; and
(f) The results of such
			 analyses.
Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 12.00 - Operation And Maintenance And Pretreatment Standards For Wastewater Treatment Works And Indirect Dischargers › Section 12.08 - Prohibitions and Standards for Discharge to POTWs

Current through Register 1525, July 5, 2024
(1)
General
			 Prohibitions
. No person shall discharge or cause to be discharged
			 to a POTW any substances, materials, or wastewaters that can: harm the sewers,
			 wastewater treatment process, or equipment; have an adverse effect on the
			 receiving waters; or otherwise endanger life, limb, public property, or
			 constitute a nuisance. In determining the acceptability of these wastewaters,
			 consideration shall be given to such factors as the quantities of such
			 wastewaters in relation to flows and velocities in the sewers, construction of
			 or materials comprising sewers, nature of the wastewater treatment process,
			 capacity of the wastewater treatment process, degree of treatability of such
			 wastewaters in the wastewater treatment plant, and other pertinent factors.
			 Pollutants introduced into POTW's by a non domestic source shall not pass
			 through the POTW or interfere with the operation or performance of the
			 treatment works. These general prohibitions and the specific prohibitions in
			 314 CMR 12.08(2) apply to all non domestic sources introducing pollutants into
			 a POTW whether or not the source is subject to other pretreatment standards or
			 any other federal, state, or local pretreatment requirements.
(2)
Specific
			 Prohibitions
. In addition, the following pollutants shall not be
			 introduced into a POTW:
(a) Pollutants which
			 create a fire or explosion hazard in the POTW;
(b) Pollutants which will cause corrosive
			 structural damage to the POTW, and in no case discharges with pH lower than
			 5.5, unless the works is specifically designed to accommodate such
			 discharges;
(c) Solid or viscous
			 pollutants, including fats, oils and grease in amounts which will cause
			 obstruction to the flow in the POTW resulting in interference;
(d) Any pollutant, including oxygen demanding
			 pollutants released in a discharge at a flow rate and/or pollutant
			 concentration which will cause interference with the POTW;
(e) Heat in amounts which will inhibit
			 biological activity in the POTW resulting in interference, and in no case heat
			 in such quantities that the temperature at the POTW treatment plant exceeds
			 40°C (104 F), unless the Department, upon request of the POTW, approves
			 alternate temperature limits.
(f)
			 More than one part per billion (ppb) of mercury. In the event a local mercury
			 limit established under
			 314 CMR 12.09(1)
			  is applicable to an indirect discharge to a
			 POTW, the most stringent mercury standard shall apply.
Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 12.00 - Operation And Maintenance And Pretreatment Standards For Wastewater Treatment Works And Indirect Dischargers › Section 12.09 - POTW Pretreatment Programs

Current through Register 1525, July 5, 2024
(1)
POTW imposed Limits
.
(a) POTWs developing POTW Pretreatment
			 Programs pursuant to 314 CMR 12.09(2) shall develop and enforce specific limits
			 to implement the prohibitions listed in
			 314 CMR
			 12.08(1) and (2).
(b) All other POTWs shall, in cases where
			 pollutants contributed by industrial user(s) result in interference or pass
			 through and such violation is likely to recur, develop and enforce specific
			 effluent limits for industrial users, and all other users, as appropriate,
			 which, together with appropriate changes in the POTW treatment plant or its
			 operation, are necessary to ensure renewed and continued compliance with the
			 POTW's permit, or sludge use or disposal practices.
(c) Specific effluent limits shall not be
			 developed and enforced without individual notice to persons or groups who have
			 requested such notice and an opportunity to respond.
(d) Where specific prohibitions or limits on
			 pollutants or pollutant parameters are developed by a POTW in accordance with
			 314 CMR
			 12.08(3)(a) and (b), such
			 limits shall be deemed pretreatment standards for the purposes of § 307(d)
			 of the Federal Act,
			 33 U.S.C., §
										1317(d).
Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 12.00 - Operation And Maintenance And Pretreatment Standards For Wastewater Treatment Works And Indirect Dischargers › Section 12.10 - Exemptions

Current through Register 1525, July 5, 2024
(1) Dry cleaners subject to
			 310 CMR 72.00: Industrial
			 Wastewater Standard for Dry Cleaners need only comply with the following
			 provisions of
			 314 CMR
			 12.03(3)  and
			 12.08(1)
			 and (2).
(2) Photo processors subject to
			 310 CMR 71.00: Industrial
			 Wastewater Regulations for Photo Processors need not comply with any provisions
			 of
			 314 CMR 12.00.
(3) Printers subject to
			 310 CMR 71.00: Industrial
			 Wastewater Regulations for Photo Processors need not comply with any provisions
			 of
			 314 CMR 12.00.
(4) Dental facilities subject to
			 310 CMR 73.00: Amalgam
			 Wastewater and Recycling Regulations for Dental Facilities need not comply with
			 any provisions of
			 314 CMR 12.00.
Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 12.00 - Operation And Maintenance And Pretreatment Standards For Wastewater Treatment Works And Indirect Dischargers › Section 12.11 - Requirements for Industrial Wastewater Pretreatment Systems

Current through Register 1525, July 5, 2024
(1)
Design and Construction
			 Standards for Industrial Wastewater Pretreatment Systems
. An
			 Industrial User with an IWPS onsite shall ensure that the IWPS meets the
			 following minimum standards for design and construction:
(a) Be designed to meet all local discharge
			 standards and the applicable Categorical Industrial User standards in 40 CFR
			 Chapter I, Subchapter N;
(b) Be
			 equipped to treat at least 120% of maximum daily flow;
(c) Be designed to prevent the intentional
			 diversion of wastewater that does not meet discharge standards;
(d) Be designed to prevent mixing of
			 incompatible wastewaters during transport and treatment;
(e) Provides the necessary equipment and
			 access to ensure safe operation and maintenance;
(f) Provides accessible locations for
			 representative sample collection;
(g) Provides odor control measures necessary
			 to prevent nuisance conditions;
(h)
			 Complies with hazardous waste management rules at
			 310 CMR
			 30.605: Special Requirements for Wastewater
			 Treatment Units if the IWPS will treat hazardous industrial wastewater or
			 hazardous industrial wastewater sludge; and
(i) Be constructed in accordance with
			 engineering plans reviewed, stamped, and signed by a Massachusetts Registered
			 Professional Engineer (MAPE) with the appropriate specialty (including but not
			 limited to chemical, civil, or environmental engineering). Modifications to an
			 IWPS shall be made in accordance with revised plans reviewed, stamped and
			 signed by a MAPE.
Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 12.00 - Operation And Maintenance And Pretreatment Standards For Wastewater Treatment Works And Indirect Dischargers › Section 12.12 - Enforcement

Current through Register 1525, July 5, 2024
(1) It shall be a violation of
			 314 CMR 12.00 for any person
			 to make any false, inaccurate, incomplete or misleading statement in any
			 submission to the Department related to the requirements of
			 314 CMR 12.00.
(2) Notwithstanding any provision of
			 314 CMR 12.00 to the
			 contrary, any person violating any provision of
			 314 CMR 12.00 shall be
			 subject to the full range of legal actions authorized by law, including without
			 limitation, criminal fines, civil and administrative orders and/or
			 penalties.
Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 16.00 - Notification Requirements to Promote Public Awareness of Sewage Pollution › Section 16.01 - Purpose, Authority and Applicability

Current through Register 1525, July 5, 2024
The Massachusetts Department of Environmental Protection
				promulgates 314 CMR 16.00 pursuant to the authority of the Massachusetts Clean
				Waters Act, M.G.L. c. 21, §§ 26 through 53 including, but not limited
				to, §§ 27 and 43A, and St. 2020, c. 322, § 2. 314 CMR 16.00
				establishes requirements and procedures for notifying the public of sewage
				discharges and overflows into the surface waters of the Commonwealth to protect
				and preserve public health. The provisions set forth at 314 CMR 16.04, 16.05,
				16.07, and 16.09 are required and enforceable as of July 6, 2022. Compliance
				with 314 CMR 16.00 does not relieve a person of any other obligations under
				state or federal law
Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 16.00 - Notification Requirements to Promote Public Awareness of Sewage Pollution › Section 16.03 - Events Requiring Notification

Current through Register 1525, July 5, 2024
(1) A Permittee
			 must issue a public advisory notification for the following events:
(a) any Combined Sewer Overflow;
(b) any discharge of partially treated
			 wastewater, including blended wastewater;
(c) any Sanitary Sewer Overflow that
			 discharges through a wastewater outfall, either directly or indirectly, to a
			 surface water of the Commonwealth;
(d) any SSO that flows into a surface water
			 of the Commonwealth and is the result of the sanitary sewer system surcharging
			 under high flow conditions when peak flows cannot be conveyed to a POTW due to
			 capacity constraints; and
(e) any
			 SSO that flows into a surface water of the Commonwealth and is the result of a
			 failure of a wastewater pump station or associated force main designed to
			 convey peak flows of one million gallons per day or greater.
Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 16.00 - Notification Requirements to Promote Public Awareness of Sewage Pollution › Section 16.05 - CSO Permittee Website and Signage Requirements

Current through Register 1525, July 5, 2024
(1) A permittee with a combined sewer system
			 shall include, at a minimum, the following information on its website:
(a) A map showing the locations of the
			 permittee's outfalls including the corresponding outfall numbers in a NPDES or
			 surface water discharge permit, if applicable;
(b) A summary of the permittee's Long-term
			 CSO Control Plan, and status of its implementation, if applicable;
(c) Instructions on how an interested person
			 can subscribe to receive public advisory notifications;
(d) Links to any CSO Reports required to be
			 developed in a NPDES or surface water discharge permit, or as part of any
			 enforcement order, for at least the preceding three calendar years, if
			 applicable; and
(e) A compilation
			 of discharge data for each public advisory notification event, updated so that
			 data for each month is posted within 15 days of the last day of the month. Data
			 posted shall include updated information on the estimated duration, frequency
			 and volume of the discharge, rainfall data, and treatment provided for any CSO
			 discharges. The website shall include data for at least the preceding three
			 calendar years, if applicable;
Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 16.00 - Notification Requirements to Promote Public Awareness of Sewage Pollution › Section 16.06 - Public Notification Plans

Current through Register 1525, July 5, 2024
(1) On or before
			 May 1, 2022, unless an alternative timeline has been established by the
			 Department under an enforcement order, a permittee with a combined sewer system
			 shall submit to the Department for review and approval a preliminary CSO Public
			 Notification Plan, which shall be implemented as approved, including any
			 conditions of approval. Each preliminary CSO Public Notification Plan shall
			 include:
(a) A brief description of the method
			 the permittee will utilize for each of its outfalls to determine or discover a
			 discharge described in 314 CMR 16.03(1)(a) or (b), as applicable, within the
			 timeframes established in 314 CMR 16.04;
(b) A request to the Commissioner in
			 accordance with
			 310
			 CMR 16.04(2)  if the
			 permittee seeks preliminary approval to utilize any method other than, or in
			 addition to, metering to determine or discover a discharge; and
(c) A brief summary of how a permittee will
			 comply with provisions of 314 CMR 16.04 and 16.05 regarding their website,
			 signage, and public advisory notifications for all applicable discharges and
			 overflows described in 314 CMR 16.03, including, without limitation, a
			 description of measures that the permittee will take to communicate to
			 environmental justice populations.
Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 16.00 - Notification Requirements to Promote Public Awareness of Sewage Pollution › Section 16.07 - Permittee Reporting Requirements

Current through Register 1525, July 5, 2024
(1) In addition to
			 the requirement to issue public advisory notifications to the Department under
			 314 CMR 16.04(4)(a), (7) and (8), a permittee shall report discharges and
			 overflows to the Department within the required time frames in a format
			 specified by the Department using the Department's specified electronic
			 reporting system. The report shall contain the same information required by 314
			 CMR 16.04(3) and (10).
(2) A
			 permittee shall submit a compilation of data from all discharges and overflows
			 in the previous month on the 15th of each month in a
			 format specified by the Department using the Department's specified electronic
			 reporting system. Data submitted shall include, without limitation, any updated
			 information on the estimated duration and volume of each discharge or overflow,
			 rainfall data for all discharges and overflows, and treatment provided for any
			 CSO or partially treated discharges. For CSO permittees, if no CSO discharges
			 have occurred within the previous month, the permittee shall report that no
			 discharge occurred.
(3) By February
			 1st of each year, a permittee shall submit to the
			 Department any corrections or updates to data submitted for the previous
			 calendar year pursuant to 314 CMR 16.07(2). Data shall be reported using the
			 Department's specified electronic reporting system in a format specified by the
			 Department.
(4) Compliance with the
			 reporting requirements of 314 CMR 16.00 does not relieve a permittee of their
			 obligations under
			 40
			 CFR 122.41,
			 314 CMR
			 3.19:
Standard Permit
			 Conditions
,
			 314 CMR
			 12.03(8), or other
			 applicable federal or state laws.
Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 16.00 - Notification Requirements to Promote Public Awareness of Sewage Pollution › Section 16.08 - Waivers

Current through Register 1525, July 5, 2024
Upon application by a permittee, the Commissioner may issue a
				written waiver of any requirement under 314 CMR 16.00 related to a permittee's
				outfall; provided that:
(a) the
			 outfall is decommissioned; or
(b)
			 there has not been significant discharge from the outfall, as determined by the
			 Department, during the preceding five years; and provided that the Commissioner
			 determines that waiver will not pose a substantial threat to public health or
			 to the environment.
The Commissioner may include specific conditions in any written
				waivers, which shall be valid for not more than five years, or for such shorter
				period of time as determined by the Commissioner.
Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 16.00 - Notification Requirements to Promote Public Awareness of Sewage Pollution › Section 16.09 - Public Health Warnings

Current through Register 1525, July 5, 2024
(1) Boards of
			 health or health departments in municipalities directly impacted by the
			 discharge or overflow shall issue a public health warning to impacted residents
			 of the municipality upon receipt of a public advisory notification if any of
			 the following circumstances applies:
(a) For
			 CSO, partially treated, and blended wastewater discharges, if the discharge has
			 a duration longer than two hours;
(b) For CSO, partially treated, and blended
			 wastewater discharges, if the board of health or health department determines
			 that a public health warning is necessary to protect public health, regardless
			 of the duration of the discharge; or
(c) For any SSO that requires notification
			 pursuant to 314 CMR 16.03(1)(c) through (e).
Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 16.00 - Notification Requirements to Promote Public Awareness of Sewage Pollution › Section 16.10 - Enforcement, Violations, and Right of Entry

Current through Register 1525, July 5, 2024
(1) The Department may take enforcement
			 action pursuant to applicable law to enforce the provisions of M.G.L. c. 21,
			 § 43A, and 314 CMR 16.00. Such action may include, without limitation, the
			 following:
(a) Issuing such orders as
			 necessary to aid in the implementation and enforcement of M.G.L. c. 21, §
			 43A, and 314 CMR 16.00, or to take any other action necessary to protect public
			 health. Such orders may include, but shall not be limited to, orders requiring
			 permittees or municipal boards of health or health departments to cease and
			 desist any activity that is in violation of M.G.L. c. 21, § 43A or 314 CMR
			 16.00, or to carry out such activities necessary to bring such permittee,
			 municipal board of health or health department into compliance;
(b) Requiring a permittee or municipal board
			 of health or health department to provide information, within a timeframe
			 specified by the Department, to enable the Department to determine whether such
			 permittee or municipal board of health or health department is subject to, in
			 violation of, or has violated M.G.L. c. 21, § 43A or 314 CMR
			 16.00;
(c) Assessing civil
			 administrative penalties pursuant to M.G.L. c. 21A, § 16 and M.G.L. c. 21,
			 § 42; or
(d) Referring the
			 suspected violation to the Attorney General or appropriate District Attorney
			 for injunctive relief and/or civil or criminal enforcement.
Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 18.00 - Industrial Wastewater Holding Tank and Container Construction, Operation, and Record Keeping Requirements › Section 18.01 - Purpose

Current through Register 1525, July 5, 2024
The purpose of
				314 CMR 18.00 is to protect
				the public health, safety and the environment by providing construction,
				operation, and record keeping requirements for holding tanks, mobile tanks, and
				containers that accumulate or store industrial wastewater prior to off-site
				recycling, treatment or disposal.
				314 CMR 18.00 directs owners
				and operators of industrial wastewater holding tanks to comply with these
				standards, submit a performance-based compliance certification, and keep
				necessary records.
Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 18.00 - Industrial Wastewater Holding Tank and Container Construction, Operation, and Record Keeping Requirements › Section 18.02 - Applicability

Current through Register 1525, July 5, 2024
(1)
								314 CMR 18.00 applies to all
			 persons who own or operate a holding tank, mobile tank, or container that meets
			 all of the following criteria:
(a) the holding
			 tank, mobile tank, or container is used exclusively to accumulate or store
			 industrial wastewater generated on-site or off-site;
(b) the industrial wastewater in the holding
			 tank, mobile tank, or container will be transported directly to an off-site
			 facility for recycling, treatment, or disposal; and
(c) the wastewater accumulated or stored in
			 the holding tank, mobile tank, or container is non-hazardous non-domestic
			 industrial wastewater.
314 CMR 18.00 applies to new
				and existing holding tanks, mobile tanks, and containers. Holding tanks include
				above-ground holding tanks and in-ground holding tanks. Holding tanks also
				include tanks created by the conversion of septic tanks or oil and water
				separators for exclusive use as industrial wastewater holding tanks.
Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 18.00 - Industrial Wastewater Holding Tank and Container Construction, Operation, and Record Keeping Requirements › Section 18.03 - Exemptions

Current through Register 1525, July 5, 2024
Owners and operators of facilities in compliance with the
				applicable provisions of the following regulations are exempt from the
				provisions of
				314 CMR 18.00:
(1)
								310 CMR
			 72.04:
Performance Standard for Dry
			 Cleaners
;
(2)
								310 CMR
			 71.06:
Supplemental Requirements for
			 Photo Processors and Printers;
and
(3)310 CMR 40.0000:
Massachusetts
			 Contingency Plan
.
Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 18.00 - Industrial Wastewater Holding Tank and Container Construction, Operation, and Record Keeping Requirements › Section 18.05 - Partial and General Prohibitions for Industrial Wastewater Holding Tanks, Mobile Tanks, and Containers

Current through Register 1525, July 5, 2024
(1) No facility may
			 use a holding tank to accumulate or store on-site generated or off-site
			 generated industrial wastewater prior to shipping for off-site treatment or
			 disposal if it is or becomes feasible to discharge the industrial wastewater to
			 a sewer system, except when: the local sewer authority requests in writing that
			 the facility use a holding tank prior to shipping off-site in order to meet
			 sewer operational or maintenance requirements; there are emergency or episodic
			 situations; or, the industrial wastewater is shipped to a licensed Treatment,
			 Storage and Disposal Facility (TSDF) or a Centralized Waste Treatment (CWT)
			 Facility. For the purpose of 314 CMR 18.05(1), the criteria for determining the
			 feasibility of discharging the industrial wastewater to a sewer system are
			 when:
(a) a facility has an existing sewer
			 line connection to the sewer collection system, and the industrial wastewater
			 discharge can be hydraulically accepted by both the sewer collection system and
			 local wastewater treatment plant; or
(b) a facility meets all of the following
			 conditions:
1. an existing sewer line abuts
			 the facility boundaries;
2. the
			 discharge of the industrial wastewater can be hydraulically accepted by both
			 the sewer collection system and local wastewater treatment plant; and
3. the distance from any building generating
			 industrial wastewater to the closest sewer connection manhole is 250 feet or
			 less.
Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 18.00 - Industrial Wastewater Holding Tank and Container Construction, Operation, and Record Keeping Requirements › Section 18.06 - Design and Operation Requirements for Containers

Current through Register 1525, July 5, 2024
Owners and operators using a container to accumulate or store
				industrial wastewater prior to off-site recycling, treatment or disposal shall,
				at a minimum:
(1) Construct or line
			 the container with compatible materials;
(2) Locate the container in a secured storage
			 area over an impervious surface that is free of cracks and gaps;
(3) If the container is stored outside of a
			 building, locate the container within a spill containment structure with 110%
			 capacity of the largest single container or 10% of total possible contained
			 volume of all the containers, whichever is greater, and provide necessary
			 measures to prevent storm water collection;
(4) Keep the container closed at all times
			 except when industrial wastewater is being added or removed;
(5) Comply with applicable requirements set
			 by the U.S. Department of Transportation for transportation of waste
			 off-site;
(6) Label the container
			 with the words, "Non-Hazardous Industrial Wastewater"; and
(7) Implement spill prevention and control
			 measures for transferring any industrial wastewater to or from containers or
			 transporting a container to minimize potential release to the environment, and
			 report to proper authorities regarding spills released to the environment as
			 required by federal, state and local laws and regulations.
(8) Provide, at minimum, either a portable
			 alarm system capable of sending an alarm signal to a staffed location or locate
			 the container within a spill containment area during filling operations for
			 containers which are:
(a) moveable only by
			 motorized mechanical devices; and
(b) remotely or automatically
			 filled.
Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 18.00 - Industrial Wastewater Holding Tank and Container Construction, Operation, and Record Keeping Requirements › Section 18.07 - Design and Operation Requirements for Above-ground Holding Tanks

Current through Register 1525, July 5, 2024
Owners and operators using an above-ground holding tank to
				accumulate or store industrial wastewater prior to off-site recycling,
				treatment or disposal shall, at a minimum:
(1) Construct or line the holding tank with
			 compatible materials;
(2) Equip the
			 holding tank with the following:
(a)
For a Remotely or Automatically Filled Holding Tank
: a
			 level measuring device and an audio and light alarm system located in a staffed
			 location. The alarm system shall be activated when the level of industrial
			 wastewater reaches 75% capacity of the holding tank and the alarm signal shall
			 be transmitted to a staffed location; or
(b)
For a Manually Filled Holding
			 Tank
: a visual or sight glass type of level measurement;
Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 18.00 - Industrial Wastewater Holding Tank and Container Construction, Operation, and Record Keeping Requirements › Section 18.08 - Design and Operation Requirements for In-ground Holding Tanks

Current through Register 1525, July 5, 2024
(1) Unless otherwise approved by the
			 Department in accordance with 314 CMR 18.08(4), owners and operators of any new
			 or existing in-ground holding tank used to accumulate or store industrial
			 wastewater prior to off-site recycling, treatment or disposal shall, at a
			 minimum:
(a) construct the holding tank so
			 that:
1. the inner surface or the lining of
			 the holding tank is compatible with the industrial wastewater;
2. the total holding tank capacity is greater
			 than 500% of the average daily flow of industrial wastewater generated from the
			 facility;
3. the holding tank does
			 not leak through its sides, bottom, seams or top;
4. the holding tank withstands H-20 loading
			 if the holding tank is completely below ground;
5. the holding tank foundation is capable of
			 supporting the holding tank when it is full of industrial wastewater and
			 preventing uplift when it is empty; and
6. there is no entrance for surface or storm
			 water flows into the holding tank;
Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 18.00 - Industrial Wastewater Holding Tank and Container Construction, Operation, and Record Keeping Requirements › Section 18.09 - Record Keeping

Current through Register 1525, July 5, 2024
All persons who own or operate a holding tank, mobile tank, or
				container that accumulates or stores on-site generated or off-site generated
				industrial wastewater prior to off-site recycling, treatment or disposal shall
				comply with the following record keeping requirements:
(1) Maintain the following records at the
			 facility for the retention time specified herein, and make these records
			 available to Department personnel upon request:
(a) holding tank construction and
			 installation records maintained until holding tank decommissioning, including
			 but not limited to:
1. holding tank
			 engineering plans stamped and signed by a Massachusetts Registered Professional
			 Engineer, if applicable; and
2. any
			 applicable permit from the local municipal approving authority;
Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 18.00 - Industrial Wastewater Holding Tank and Container Construction, Operation, and Record Keeping Requirements › Section 18.10 - Certification

Current through Register 1525, July 5, 2024
(1) Beginning on November 15, 2002 either the
			 owner or operator of an existing or new holding tank shall be required to
			 submit a one-time compliance certification to the Department in accordance with
			 the Environmental Results Program Certification regulations under
			 310 CMR
			 70.03(3)  on a form
			 prescribed by the Department within the following time line:
(a)
For Existing Holding
			 Tanks
: submit the certification on or before February 15,
			 2003;
(b)
For New
			 Holding Tanks
: submit the certification within 60 days of
			 installation.
(c) a certification
			 shall be deemed approved unless the owner or operator is notified in writing by
			 the Department of deficiencies in the submittal within 60 days of receipt of
			 the certification and fee pursuant to
			 310
			 CMR 4.10(11)(a).
Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 18.00 - Industrial Wastewater Holding Tank and Container Construction, Operation, and Record Keeping Requirements › Section 18.11 - Holding Tank Decommissioning Requirements

Current through Register 1525, July 5, 2024
Beginning on November 15, 2002, owners and operators
				decommissioning a holding tank shall:
(1)
For Above-ground Holding
			 Tanks
:
(a) pump and haul away the
			 entire contents of the tank; and
(b) clean the holding tank and related areas
			 as necessary.
Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 18.00 - Industrial Wastewater Holding Tank and Container Construction, Operation, and Record Keeping Requirements › Section 18.12 - Transportation

Current through Register 1525, July 5, 2024
(1) No person shall remove and/or transport
			 industrial wastewater through the streets of any city or town or via any state
			 or federal highway located within any city or town in which the industrial
			 wastewater was first collected without first obtaining a hauler permit from the
			 board of health of such city or town in accordance with 314 CMR 18.12 and
			 M.G.L. c. 111, § 31A. An application for such permit shall be in the form
			 and contain the information, under oath, as the board shall require.
(2) All such permits shall expire at the end
			 of the calendar year in which they are issued, but may be renewed annually on
			 an application as herein provided in 314 CMR 18.12(1). No permit shall be
			 transferred except with the written approval of the issuing board.
(3) All permit applications shall designate
			 the Department-approved treatment facility, licensed TSDF or CWT where the
			 industrial wastewater will be disposed. Copies of all contracts or other
			 agreements between the hauler and the receiving facility shall be retained by
			 the hauler for five years.
(4)
			 Copies of all bills of lading that identify the facility where the industrial
			 wastewater was collected, the volume, and the contents of the industrial
			 wastewater shall be retained by the hauler for five years.
(5) The contents of holding tanks shall be
			 transported in a manner that is protective of the public health, safety and the
			 environment.
(6) Industrial
			 wastewater shall not be stored at any off-site facility other than at a
			 Department-approved treatment facility, licensed TSDF or a CWT.
(7) The contents of a vehicle shall not be
			 transferred to another vehicle, tanker or storage container, other than a
			 storage container at a Department-approved treatment facility, licensed TSDF or
			 a CWT.
(8) Haulers of industrial
			 wastewater shall only dispose of industrial wastewater at a treatment facility
			 permitted to accept, treat and dispose of such wastewater.
Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 19.00 - Oil Spill Prevention And Response › Section 19.01 - Purpose and Authority

Current through Register 1525, July 5, 2024
(1) The purpose of
			 314 CMR 19.00:
Oil Spill Prevention and Response
is to
			 implement those provisions of St. 2004, c. 251, "An Act Relative to Oil Spill
			 Prevention and Response in Buzzards Bay and Other Harbors and Bays of the
			 Commonwealth," as amended by St. 2004, c. 457 and St. 2008, c. 268, "An Act
			 Further Protecting Buzzards Bay," and St. 2009, c. 101, "An Act Preventing Oil
			 Spills in Buzzards Bay" (the "Oil Spill Act"), that are the responsibility of
			 the Department to administer and enforce. The Oil Spill Act establishes M.G.L.
			 c. 21M and amends several other existing Massachusetts general laws.
(2) The provisions of 314 CMR 19.00 are
			 designed to prevent or reduce the risk of oil spills from Tank Vessels
			 operating in Buzzards Bay and designated areas of special interest within
			 Massachusetts waters. The regulations provide an incentive for certain vessels
			 to voluntarily engage a State Pilot to guide such vessel into or within
			 Buzzards Bay; provide for the dispatch of a State-provided Tugboat Escort to
			 certain Tank Vessels entering or operating in Buzzards Bay; and require certain
			 vessels to engage the services of a Tugboat Escort while operating in
			 designated Areas of Special Interest within Massachusetts waters.
(3)314 CMR 19.00 is promulgated pursuant to
			 the Department's authority in St. 2004, c. 251, as amended by St. 2004, c. 457,
			 including M.G.L. c. 21M, §§ 1 and 6, and in St. 2008, c. 268,
			 including M.G.L. c. 21M, §§ 8 and 9, and St. 2009, c. 101, including
			 M.G.L. c. 21M, §9.
Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 19.00 - Oil Spill Prevention And Response › Section 19.03 - Tugboat Escort Requirements

Current through Register 1525, July 5, 2024
(1)
Tugboat Escort Requirement.
(a) Effective January 1, 2005, no Tank Vessel
			 carrying 6,000 or more barrels of oil shall enter or transit any Area of
			 Special Interest within waters of the Commonwealth unless such Tank Vessel is
			 accompanied by a Tugboat Escort. This Tugboat Escort requirement does not apply
			 to a self-propelled Tank Vessel. A Tugboat Escort shall meet the definition of
			 that term in
			 314 CMR
			 19.02.
(b) The Department may authorize a Tank
			 Vessel carrying 6,000 or more barrels of oil to enter or transit an Area of
			 Special Interest without a Tugboat Escort, or, accompanied by a tugboat that
			 does not meet the definition of a Tugboat Escort in
			 314 CMR 19.02
			 whenever the Department determines that:
(i)
			 there are no Tugboat Escorts reasonably available to accompany the Tank Vessel
			 in the relevant Area of Special Interest; or
(ii) the delay in waiting for an available
			 Tugboat Escort has or may reasonably result in a significant disruption of
			 energy services to the public; or
(iii) the existence or threat of a public
			 health, safety or environmental emergency or other unique circumstances warrant
			 the Department's exercise of its enforcement discretion.
The Department may establish policies, procedures, and
				case-specific conditions to implement its authority under 314 CMR 19.03(1)(b).
				Any Department authorization for a Tank Vessel to enter or transit an Area of
				Special Interest without a Tugboat Escort, or, accompanied by a tugboat that
				does not meet the definition of a Tugboat Escort will relieve the owner or
				operator of such Tank Vessel from its obligation under 314 CMR 19.03(1)(a), to
				the extent specified in the Department's authorization. Nothing in 314 CMR
				19.03(1)(b) or in a case-specific Department authorization shall be construed
				to relieve or otherwise limit the liability of the owner or operator of a Tank
				Vessel for any release of oil, hazardous material, or hazardous waste that
				occurs while the Tank Vessel enters or transits an Area of Special Interest
				pursuant to a Department authorization under 314 CMR
				19.03(1)(b).
(c)
			 The owner or operator of any tug that is serving as a Tugboat Escort shall
			 certify to the Department, on a form established by the Department for such
			 purposes, that the tug meets the design specifications and equipment
			 requirements in the definition of a Tugboat Escort in
			 314 CMR 19.02. The
			 Department reserves the right to require the owner or operator of any tug that
			 is serving as a Tugboat Escort to further demonstrate to the Department's
			 satisfaction that the tug meets the design specifications in the definition of
			 a Tugboat Escort in
			 314 CMR 19.02,
			 including the required minimum bollard pull, and is equipped with fire fighting
			 equipment and meets the required ABS classifications, effective January 1,
			 2006.