Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 3.00 - Surface Water Discharge Permit Program › Section 3.19 - Standard Permit Conditions

Current through Register 1525, July 5, 2024
Except as provided in
				314 CMR 3.06, the
				following standard conditions apply to all individual and general
				permits:
(1) No discharge authorized
			 in the permit shall result in a violation of the Massachusetts Surface Water
			 Quality Standards (
			 314 CMR 4.00 ) or the
			 Massachusetts Ground Water Quality Standards (
			 314 CMR
			 6.00 ), or any amendments thereto. Upon promulgation
			 of any amended standard, this permit may be revised or amended in accordance
			 with such standard and
			 314 CMR
			 2.11 and
			 3.13
			 or
			 5.12.
			 For purposes of determining compliance with ground water quality standards, a
			 violation of the ground water quality standards, and the discharge permit, will
			 be determined to occur when any parameter measured in any downgradient well
			 exceeds the applicable criteria listed in 314 CMR 6.06. In those cases where it
			 is shown that a measured parameter exceeds the applicable criteria listed in
			 314 CMR 6.06 at the upgradient monitoring well, a violation of the ground water
			 quality standards and the discharge permit will be determined to occur when it
			 is shown that a measured parameter in any downgradient well exceeds the level
			 of that same measured parameter in the upgradient well for the same sampling
			 period.
(2)
Duty to
			 Comply
. The permittee shall comply at all times with the terms and
			 conditions of the permit, any conditions included in a related water quality
			 certification issued by the Department, 314 CMR, the Massachusetts Clean Waters
			 Act, M.G.L. c. 21, §§ 26 through 53, and all other applicable state
			 and federal statutes and regulations.
(3)
Standards and Prohibitions
			 for Toxic Pollutants
. The permittee shall comply with effluent
			 standards or prohibitions established under
			 33 U.S.C.
			 1251
								§ 307(a) for toxic pollutants
			 within the time provided in 40 CFR Part 301, 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, and in accordance with
			 314 CMR 12.00.
(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 or discharges or both until the facility is
			 restored or an alternative method of treatment is provided. It shall not be a
			 defense for a permittee 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 this 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 and/or all discharges upon the reduction, loss, or failure of the
			 primary source of power to the wastewater control facilities.