Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 2.00 - Permit Procedures › Section 2.05 - Preparation of Fact Sheet or Statement of Basis for Permits

Current through Register 1525, July 5, 2024
(1) For every draft individual or general
			 permit for surface water discharge(s); individual or general permit for
			 groundwater discharge(s); permit for a RCRA facility; and permit with
			 provisions for reclaimed water, the Department shall prepare a fact sheet or
			 statement of basis for the permit in accordance with 314 CMR 2.05. A fact sheet
			 or statement of basis is not required for issuance of general permit coverage
			 or sewer connection permits issued in accordance with
			 314 CMR 7.00:
Sewer
			 System Extension and Connection Permit Program
. The Department will
			 send a copy of the fact sheet or statement of basis to the applicant or
			 permittee(s), as applicable, and, on request, to any other person.
(2) A fact sheet shall be prepared for every
			 draft general groundwater discharge permit; general surface water discharge
			 permit; permit for a major groundwater discharge; Type I and Type II NPDES
			 permit; permit with provisions on reclaimed water; groundwater discharge permit
			 with Special Effluent Limitations pursuant to
			 314 CMR
			 5.10(9):
Special
			 Effluent Limitations
; and for every draft permit which the Department
			 finds is the subject of widespread public interest or raises major
			 issues.
(3) The fact sheet shall
			 briefly set forth the principal facts and the significant factual, legal,
			 methodological and policy questions considered in preparing the draft permit.
			 For an individual permit, the Department shall send a copy of the fact sheet
			 and draft permit to the applicant and, on request, a copy of the fact sheet,
			 permit application and draft permit to any other person. For a general permit,
			 on request, the Department shall send a copy of the fact sheet and draft permit
			 to any person. For general groundwater discharge permit coverage, the
			 Department shall send a coverage determination to the applicant. On request,
			 the Department shall send a copy of the application for general permit coverage
			 and the coverage determination to any other person. The Department may charge a
			 fee in connection with responding to such requests. The fact sheet shall
			 include where applicable:
(a) A brief
			 description of the type of facility or activity that is the subject of the
			 draft permit;
(b) The type and
			 quantity of wastes, fluids, or pollutants which are proposed to be or are being
			 treated, stored, disposed of, injected, emitted, or discharged;
(c) A brief summary of the basis for the
			 draft permit conditions including references to applicable statutory or
			 regulatory provisions;
(d) Reasons
			 why any requested variances or alternatives to required standards, "Special
			 Effluent Limitations" proposed pursuant to
			 314 CMR
			 5.10(9):
Special
			 Effluent Limitations
, or antidegradation authorization requested
			 pursuant to
			 314 CMR
			 4.04:
Antidegradation
			 Provisions
, do or do not appear justified;
(e) A description of the procedures for
			 reaching a determination on the draft permit including:
1. the beginning and ending dates of the
			 comment period under
			 314 CMR
			 2.06 and the address where comments will be
			 received;
2. procedures for
			 requesting a public hearing and the nature of that hearing under
			 314 CMR 2.07;
			 and
3. any other procedure by which
			 the public may participate in the determination;
(f) Name and contact information, which may
			 include telephone number and email address, of a person to contact for
			 additional information;
(g) Any
			 calculations or other necessary explanation of the derivation of specific
			 effluent limitations and conditions, including a citation to any applicable
			 effluent limitation guideline or performance standard provisions and reasons
			 why they are applicable or an explanation of how the alternate effluent
			 limitations, conditions, or standards were developed;
(h) When the draft permit contains any of the
			 following conditions, an explanation of the reasons why such conditions are
			 applicable:
1. limitations to control toxic
			 pollutants;
2. limitations on
			 internal waste streams; or
3.
			 limitations on indicator pollutants;
(i) When appropriate, a sketch or detailed
			 description of the location of the discharge described in the application;
			 and
(j) In addition to the above,
			 for a draft permit that contains:
1.
			 provisions on reclaimed water, the address of each location at which reclaimed
			 water would be allowed to be discharged or used, along with a brief description
			 of the purpose(s) for which reclaimed water could be discharged or used at each
			 such location;
2. Pursuant to
			 314 CMR
			 5.10(9):
Special
			 Effluent Limitations
, the address of each property at which the
			 groundwater would not be required to meet the more stringent of water quality
			 based or technology based effluent limitations as a result of the discharge and
			 a map of the aggregate areas encompassing all such properties.