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Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 3.00 - Surface Water Discharge Permit Program › Section 3.01 - Purpose and Authority

Current through Register 1525, July 5, 2024
314 CMR 3.00 has been
				promulgated by the Department of Environmental Protection pursuant to the
				Massachusetts Clean Waters Act, M.G.L. c. 21, §§ 26 through 53, and
				the Federal Clean Water Act,
				33 U.S.C.
				1251
et seq
., and the
				National Pollutant Discharge Elimination System Permit Regulations at 40 CFR
				Part 122.
The purpose of
				314 CMR 3.00 is to implement
				the provisions of the Massachusetts Clean Waters Act, M.G.L. c. 21,
				§§ 26 through 53, and the Federal Clean Water Act,
				33 U.S.C.
				1251
et seq
., as applied to
				surface water discharges, and to ensure that
				314 CMR 3.00 confer sufficient
				authority on the Department to assume delegation from the EPA to administer the
				NPDES permit program within the Commonwealth.
				314 CMR 3.06 also
				confers authority on the Department to issue general permits for surface water
				discharges, including general permits for storm water discharges from small
				municipal separate sewer systems regulated under EPA's Phase II Storm Water
				Regulations set forth in the applicable provisions of 40 CFR Part 122, Subpart
				B.
Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 3.00 - Surface Water Discharge Permit Program › Section 3.07 - Restrictions on the Issuance of a Permit

Current through Register 1525, July 5, 2024
The Department shall not issue a permit pursuant to
				314 CMR 3.00:
(1) When the conditions of the permit do not
			 provide for compliance with the applicable requirements of the Massachusetts
			 Clean Waters Act, M.G.L. c. 21, §§ 26 through 53 and the Clean Water
			 Act,
			 33 U.S.C.
			 1251
et seq
, and the NPDES
			 regulations at 40 CFR Part 122.
(2)
			 When the applicant is required to obtain a State or other appropriate
			 certification under
			 33 U.S.C.
			 1251
								§ 401 and that certification has
			 not been obtained or waived;
(3)
			 Where the Regional Administrator has objected to issuance of the permit
			 pursuant to
			 40 CFR
			 123.44;
(4) When the imposition of conditions cannot
			 ensure compliance with the applicable water quality requirements of all
			 affected States;
(5) When, in the
			 judgment of the Secretary of the Army, acting through the Chief of Engineers,
			 anchorage and navigation in or on any of the waters of the United States would
			 be substantially impaired by the discharge;
(6) For the discharge of any radiological,
			 chemical, or biological warfare agent or high-level radioactive
			 waste;
(7) For any discharge
			 inconsistent with a plan or plan amendment approved under
			 33 U.S.C.
			 1251
								§ 208(b) or 303(e) or M.G.L. c. 21,
			 § 27(10); or
(8) For any
			 discharge to the territorial sea, in the following circumstances;
(a) Before the promulgation of guidelines
			 under
			 33 U.S.C.
			 1251
									§ 403(c) (for determining
			 degradation of the waters of the territorial seas, the contiguous zone, and the
			 oceans) unless the Department determines permit issuance to be in the public
			 interest; or
(b) After promulgation
			 of guidelines under
			 33 U.S.C.
			 1251
									§ 403(c) when insufficient
			 information exists to make a reasonable judgment whether the discharge complies
			 with them.
Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 3.00 - Surface Water Discharge Permit Program › Section 3.08 - Effect of a Permit

Current through Register 1525, July 5, 2024
(1) Issuance of a
			 permit under
			 314 CMR 3.00 and
			 2.00 shall be deemed to allow,
			 to the extent specified in the permit and 314 CMR 3.08, the permittee to
			 discharge pollutants to waters of the Commonwealth, to construct, install,
			 modify, operate and maintain an outlet for such discharge, together with any
			 treatment works required to meet effluent limitations specified in the permit
			 for such discharge in accordance with plans and specifications approved in
			 writing by the Department.
(2)
			 Except for any toxic effluent standards and prohibitions imposed under
			 33 U.S.C.
			 1251
								§ 307, compliance with a permit
			 during its term constitutes compliance, for purposes of enforcement, with
			 33 U.S.C.
			 1251
								§§ 301, 302, 306, 307, 318,
			 403, and 405.
Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 3.00 - Surface Water Discharge Permit Program › Section 3.09 - Continuation of an Expiring Permit

Current through Register 1525, July 5, 2024
(1) Except as
			 provided in
			 314 CMR
			 3.06(10), the conditions of
			 a permit continue in force under M.G.L. c. 30A, § 13 beyond the expiration
			 date if:
(a) the permittee has made timely
			 application for renewal or a new permit pursuant to
			 314 CMR 3.10(3)
			  which is a complete application under
			 314 CMR
			 3.10(4); and
(b) the Department does not renew or issue a
			 new permit with an effective date under
			 314
			 CMR 2.08 on or before the expiration date of
			 the previous permit.
Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 3.00 - Surface Water Discharge Permit Program › Section 3.10 - Application for a Permit

Current through Register 1525, July 5, 2024
(1)
Duty to Apply and to Provide Information Requested by the
			 Department in the Application
. Any person required to obtain a
			 permit pursuant to
			 314 CMR
			 3.03,
			 3.04
			 or
			 3.06 shall
			 complete and submit the appropriate application form(s). As part of an
			 application for an individual or general permit, the Department may require the
			 applicant to provide information and analyses as the Department may reasonably
			 require to determine whether such applicant meets the requirements of
			 314 CMR 3.00 and
			 4.00, including, but not
			 limited to, pollutant loading and/or water quality analyses applicable to the
			 discharge location or to area(s) potentially impacted by the
			 discharge.
(2)
Who must
			 Apply
. Except as provided in
			 314 CMR 3.06, the
			 owner of the treatment works or activity resulting in a discharge of pollutants
			 shall apply for a permit.
(3)
Time to Apply.
(a)
			 Except as provided in 314 CMR 6.06, any person required to obtain a permit
			 pursuant to
			 314 CMR
			 3.03 or
			 3.04,
			 and who does not have a currently effective permit shall submit an application
			 at least 180 days before the date on which the discharge is to commence, unless
			 permission for a later date has been granted by the Department. Persons
			 proposing a new discharge are encouraged to submit their applications well in
			 advance of the 180 day requirement to avoid delay.
(b) Except as provided in
			 314 CMR 3.06, any
			 person with a currently effective permit shall submit a new application at
			 least 180 days before the expiration date of the existing permit, unless
			 permission for a later date has been granted by the Department.
Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 3.00 - Surface Water Discharge Permit Program › Section 3.11 - Permit Conditions

Current through Register 1525, July 5, 2024
(1)
Standard Conditions
. The conditions in
			 314 CMR
			 3.19 apply to every permit issued under
			 314 CMR 3.00, whether or not
			 expressly incorporated into the permit.
(2)
Special
			 Conditions.
(a) In addition to
			 conditions applicable to all permits [ 314 CMR 3.11(1) and
			 3.19
			 ], the Department shall establish special conditions, as required on a
			 case-by-case basis, to provide for and assure compliance with all applicable
			 requirements of the Massachusetts Clean Waters Act, M.G.L. c. 21, §§
			 26 through 53 and the Clean Water Act,
			 33 U.S.C.
			 1251
et seq
, and the NPDES
			 regulations at 40 CFR Part 122.
The Department's authority under 314 CMR 3.11(2) includes, but
				is not limited to, establishing special conditions in an individual or general
				permit in the following areas:
1.
			 effluent and/or pollutant loading limitations and standards, including as
			 applied to nutrients;
2. conditions
			 to ensure compliance with any TMDL established by the Department for receiving
			 waters;
3. limitations on the
			 amount of flow authorized to be discharged under the permit;
4. the development, implementation and
			 enforcement of BMPs and other control measures;
5. monitoring requirements and other means of
			 verifying the compliance of the discharge with a permit;
6. requirements to conduct pollutant loading
			 and/or water quality analyses, comprehensive wastewater management planning, or
			 other technical evaluations during the term of one or more permits;
7. financial security requirements to fund
			 the operation, maintenance, and the immediate and/or long-term repair or
			 replacement of permitted facilities or activities;
8. the duration of the permit;
9. recordkeeping and reporting
			 requirements;
10. where applicable,
			 schedules of compliance; and
11. in
			 any given calendar year where the average annual flow of a permitted facility
			 exceeds 80% of the facility's average design flow, that facility shall submit a
			 report to the Department describing what steps the permittee will take in order
			 to remain in compliance with the limitations and conditions in its permit,
			 including in particular, limitations on the amount of flow authorized to be
			 discharged under the permit.
Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 3.00 - Surface Water Discharge Permit Program › Section 3.12 - Variances for Thermal Discharges

Current through Register 1525, July 5, 2024
(1)
Definitions
. For the purpose of 314 CMR 3.12:
(a)
Alternative Effluent
			 Limitations
means all effluent limitations or standards of
			 performance for the control of the thermal component of any discharge which are
			 established under
			 33 U.S.C.
			 1251
									§ 316(a) and 314 CMR
			 3.12.
(b)
Representative Important Species
means species which
			 are representative, in terms of their biological needs, of a balanced,
			 indigenous community of shellfish, fish and wildlife in the body of water into
			 which a discharge of heat is made.
(c) The term
Balanced, Indigenous
			 Community
is synonymous with the term
Balanced
			 Indigenous Population
in
			 33 U.S.C.
			 1251 and means a biotic community typically
			 characterized by diversity, the capacity to sustain itself through cyclic
			 seasonal changes, presence of necessary food chain species and by a lack of
			 domination by pollution tolerant species. Such a community may include
			 historically non-native species introduced in connection with a program of
			 wildlife management and species whose presence or abundance results from
			 substantial, irreversible environmental modifications. Normally, however, such
			 a community will not include species whose presence or abundance is
			 attributable to the introduction of pollutants that will be eliminated by
			 compliance by all sources with
			 33 U.S.C.
			 1251
									§ 301(b)(2), and may not include
			 species whose presence or abundance is attributable to alternative effluent
			 limitations imposed pursuant to
			 33 U.S.C.
			 1251
									§ 316(a).
Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 3.00 - Surface Water Discharge Permit Program › Section 3.14 - Transfer of Permits

Current through Register 1525, July 5, 2024
(1)
RCRA Facilities
. Any permit which authorizes the
			 operation of a RCRA facility subject to the requirements of
			 314 CMR
			 8.07 shall be valid only for the person to
			 whom it is issued and may not be transferred. Operation by an owner or operator
			 other than those named in the permit shall be a violation of
			 314 CMR 3.00 and a basis for
			 revocation of the permit, or for other enforcement action.
(2)
Transfers by
			 Modification
. Except as provided in 314 CMR 3.14(1) and (3), and
			 314 CMR 3.06, a
			 permit may be transferred by the permittee to a new owner or operator only if
			 the permit has been modified or revoked and reissued under
			 314 CMR
			 3.13(1) and (2), or a minor
			 modification made under
			 314 CMR
			 3.13(3)(d)  to identify the
			 new permittee.
(3)
Automatic Transfers
. As an alternative to transfers
			 under 314 CMR 3.14(2), any permit may be automatically transferred to a new
			 permittee if:
(a) The current permittee
			 notifies the Department at least 30 days in advance of the proposed transfer
			 date in 314 CMR 3.14(3)(b).
(b) The
			 notice includes a written agreement between the existing and new permittees
			 containing a specific date for transfer of permit responsibility, coverage, and
			 liability between them; and
(c) The
			 Department does not notify the existing permittee and the proposed new
			 permittee of the Department's intent to modify or revoke and reissue the
			 permit. A modification under 314 CMR 3.14(3) may also be a minor modification
			 under
			 314 CMR
			 3.13(3). If this notice is
			 not received, the transfer is effective on the date specified in the agreement
			 mentioned in 314 CMR 3.14(3)(b).
Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 3.00 - Surface Water Discharge Permit Program › Section 3.15 - Signatories to Permit Applications and Reports

Current through Register 1525, July 5, 2024
(1)
Applications
.
			 All permit applications shall be signed as follows:
(a) For a corporation: by a responsible
			 corporate officer. For the purpose of 314 CMR 3.15, a responsible corporate
			 officer means:
1. A president, secretary,
			 treasurer, or vice-president of the corporation in charge of a principal
			 business function, or any other person who performs similar policy or decision
			 making functions for the corporation; or
2. The manager of one or more manufacturing,
			 production, or operating facilities employing more than 250 persons or having
			 gross annual sales or expenditures exceeding $25 million (in second-quarter
			 1980 dollars), if authority to sign documents has been assigned or delegated to
			 the manager in accordance with corporate procedures.
Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 3.00 - Surface Water Discharge Permit Program › Section 3.16 - Appendix A - Criteria for Determining a Concentrated Aquatic Production Facility

Current through Register 1525, July 5, 2024
A hatchery, fish farm, or other facility is a concentrated
				aquatic animal production facility for purposes of
				314 CMR 3.03(2)(c)
				 if it contains, grows, or holds aquatic
				animals in either of the following categories:
(1) Cold water fish species or other cold
			 water aquatic animals in ponds, raceways, or other similar structures which
			 discharge at least 30 days per year but does not include:
(a) Facilities which produce less than 9,090
			 harvest weight kilograms (approximately 20,000 pounds) of aquatic animals per
			 year; and
(b) Facilities which feed
			 less than 2,272 kilograms (approximately 5,000 pounds) of food during the
			 calendar month of maximum feeding.
Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 3.00 - Surface Water Discharge Permit Program › Section 3.17 - Appendix B - Toxic Pollutants

Current through Register 1525, July 5, 2024
(1) Organic
			 Toxic Pollutants in Each of Four Fractions in Analysis by Gas
Chromatography/Mass Spectroscopy (GC/MS).
(a)
Volatiles.
1V acrolein
13V dichlorodifluoromethane
2V acrylonitrile
14V 1,1-dichloroethane
3V benzene
15V 1,2-dichloroethane
4V bis (chloromethyl) ether
16V 1,1-dichloroethylene
5V bromoform
17V 1,2-dichloropropane
6V carbon tetrachloride
18V 1,2-dichloropropylene
7V chlorobenzene
19V ethylbenzene
8V chlorodibromomethane
20V methyl bromide
9V chloroethane
21V methyl chloride
10V 2-chloroethylvinyl ether
22V methylene chloride
11V chloroform
23V 1,1,2,2-tetrachloroethane
12V dichlorobromomethane
24V tetrachloroethylene
25V toluene
29V trichloroethylene
26V 1,2-trans-dichloroethylene
30V trichlorofluoromethane
27V 1,1,1-trichloroethane
31V vinyl chloride
28V 1,1,2-trichloroethane
(b)
Acid Compounds
.
1A 2-chlorophenol
7A 4-nitrophenol
2A 2,4-dichlorophenol
8A p-chloro-m-cresol
3A 2,4-dimethylphenol
9A pentachlorophenol
4A 4,6-dinitro-o-cresol
10A phenol
5A 2,4-dinitrophenol
11A 2,4,6-trichlorophenol
6A 2-nitrophenol
(c)
Base/Neutral
.
1B acenaphthene
25B dimethyl phthalate
2B acenaphthylene
26B di-n-butyl phthalate
3B anthracene
27B 2,4-dinitrotoluene
4B benzidine
28B 2,6-dinitrotoluene
5B benzo(a)anthracene
29B di-n-octyl phthalate
6B benzo(a)pyrene
30B 1,2-diphenylhydrazine
7B 3,4-benzofluoranthene
(as azobenzene)
8B benzo(ghi)perylene
31B fluoranthene
9B benzo(k)fluoranthene
32B fluorene
10B bis(2-chloroethoxy)methane
33B hexachlorobenzene
11B bis(2-chloroethyl)ether
34B hexachlorobutadiene
12B bis(2-chloroisopropyl)ether
35B hexachlorocyclopentadiene
13B bis(2-ethylhexyl)phthalat
36B hexachloroethane
14B 4-bromophenyl phenyl ether
37B indeno(1,2,3-cd)pyrene
15B butylbenzyl phthalate
38B isophorone
16B 2-chloronaphthalene
39B naphthalene
17B 4-chlorophenyl phenyl ether
40B nitrobenzene
18B chrysene
41B N-nitrosodimethylamine
19B dibenzo(a,h)anthracene
42B N-nitrosodi-n-propylamine
20B 1,2-dichlorobenzene
43B N-nitrosodiphenylamine
21B 1,3-dichlorobenzene
44B phenanthrene
22B 1,4-dichlorobenzene
45B pyrene
23B 3,3'-dichlorobenzidine
46B 1,2,4-trichlorobenzene
24B diethyl phthalate
(d)
Pesticides
.
1P aldrin
14P endrin
2P alpha-BHC
15P endrin aldehyde
3P beta-BHC
16P heptachlor
4P gamma-BHC
17P heptachlor epoxide
5P delta-BHC
18P PCB-1242
6P chlordane
19P PCB-1254
7P 4,4'-DDT
20P PCB-1221
8P 4,4'-DDE
21P PCB-1232
9P 4,4'-DDD
22P PCB-1248
10P dieldrin
23P PCB-1260
11P alpha-endosulfan
24P PCB-1016
12P beta-endosulfan
25P toxaphene
13P endosulfan sulfate
Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 4.00 - Massachusetts Surface Water Quality Standards › Section 4.01 - General Provisions

Current through Register 1525, July 5, 2024
(1)
Title
.
			 314 CMR 4.00 shall be known as
			 the "Massachusetts Surface Water Quality Standards".
(2)
Organization of the
			 Standards
.
			 314 CMR 4.00 is comprised of
			 seven sections: 314 CMR 4.01:
General Provisions
;
			 314 CMR 4.02:
Definitions
;
			 314 CMR
			 4.03:
Application of
			 Standards
;
			 314 CMR
			 4.04:
Antidegradation
			 Provisions
;
			 314 CMR
			 4.05:
Classes and Criteria
;
			 314 CMR
			 4.06:
Classification, Figures, and
			 Tables
; and 314 CMR 4.07:
Severability
.
(3)
Purpose
. M.G.L.
			 c. 21, §§ 26 through 53 charges the Department with the duty and
			 responsibility to protect the public health and enhance the quality and value
			 of the water resources of the Commonwealth. It directs the Department to take
			 all action necessary or appropriate to secure to the Commonwealth the benefits
			 of the federal Clean Water Act,
			 33 U.S.C. §
									1251
et seq
. The objective
			 of
			 33 U.S.C. §
									1251
et seq
. is the
			 restoration and maintenance of "the chemical, physical and biological integrity
			 of the Nation's waters"
			 33 U.S.C. §
									1251(a). To achieve the
			 foregoing requirements the Department has adopted the Massachusetts Surface
			 Water Quality Standards which designate the most sensitive uses for which the
			 various waters of the Commonwealth shall be enhanced, maintained and protected;
			 which prescribe the minimum water quality criteria required to sustain the
			 Designated Uses, as defined in
			 314 CMR 4.02:
Designated Uses
; and which contain regulations necessary to
			 achieve the Designated Uses and maintain existing water quality including,
			 where appropriate, the prohibition of discharges.
Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 4.00 - Massachusetts Surface Water Quality Standards › Section 4.03 - Application of Standards

Current through Register 1525, July 5, 2024
(1)
(a)
Establishment of Effluent
			 Limitations
. The Department will limit or prohibit discharges of
			 pollutants to surface waters to assure that surface water quality standards of
			 the receiving waters are protected and maintained or attained. The level of
			 treatment for an individual discharger will be established by the discharge
			 permit in accordance with
			 314 CMR 3.00:
Surface
			 Water Discharge Permit Program
. In establishing water quality based
			 effluent limitations the Department shall take into consideration natural
			 background conditions and existing discharges. Discharges shall be limited or
			 prohibited to protect existing uses and not interfere with the attainment of
			 designated uses in downstream and adjacent segments. The Department will
			 provide a reasonable margin of safety to account for any lack of knowledge
			 concerning the relationship between the pollutants being discharged and their
			 impact on water quality. Where the Department has not established water quality
			 based effluent limitations in a permit and a violation of water quality
			 standards attributable to a discharge occurs, the Department may modify,
			 suspend or revoke the permit, in whole or in part, for cause in accordance with
			 314 CMR 3.00.
(b)
Compliance
			 Schedules
. A permit may, when appropriate, specify a schedule
			 leading to compliance with the Massachusetts and Federal Clean Water Acts and
			 regulations. The purpose of a schedule of compliance generally is to afford a
			 permittee adequate time to comply with one or more permit requirements or
			 limitations that are based on new, newly interpreted or revised water quality
			 standards that became effective after both issuance of the initial permit for a
			 discharge and July 1, 1977. The Department may include a schedule of compliance
			 in a permit at the time of permit reissuance or modification where the
			 permittee either cannot comply with such permit requirements or limitations, or
			 there is insufficient information available to determine whether the permittee
			 can comply with such permit requirements or limitations. A schedule of
			 compliance shall require compliance at the earliest practicable time, as
			 determined by the Department. A schedule of compliance shall include dates for
			 specified tasks or activities leading to compliance and may include interim
			 effluent limitations, as the Department deems appropriate.
(c)
TMDLs
. The
			 Department may develop and enforce compliance with TMDLs and TMDL
			 implementation plans for waters or segments impaired by a pollutant or
			 pollutants.
Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 4.00 - Massachusetts Surface Water Quality Standards › Section 4.05 - Classes and Criteria

Current through Register 1525, July 5, 2024
(1)
Classes and Uses
. The surface waters of the
			 Commonwealth shall be segmented and each segment assigned to one of the Classes
			 listed in 314 CMR 4.05(3) and (4). Each class is identified by the most
			 sensitive, and therefore governing, water uses to be achieved and protected.
			 Surface waters may be suitable for other beneficial uses, but shall be
			 regulated by the Department to protect and enhance the existing and designated
			 uses. In accordance with
			 314 CMR
			 4.03(4), the Department may
			 designate a partial use subcategory for these Classes. A partial use
			 designation may be appropriate where waters are impacted by combined sewer
			 overflows or stormwater discharges. Partial use is described in
			 314 CMR
			 4.06(1)(d)11.
(2)
Criteria
.
(a) Minimum criteria for each class of
			 surface water are listed in 314 CMR 4.05(3) and (4). Additional minimum
			 criteria for all surface waters are listed in 314 CMR 4.05(5). In cases where
			 fresh water and coastal and marine waters mix, 314 CMR 4.05(6) establishes
			 whether fresh water or coastal and marine water aquatic life criteria apply.
			 Provided that all existing and designated uses are protected, the Department
			 may establish site-specific criteria as alternative minimum criteria.
			 Site-specific numerical criteria also may supplement any of the narrative
			 criteria in
			 314 CMR 4.00. Site-specific
			 criteria are set forth in and pursuant to 314 CMR 4.05(7). Should the
			 Department develop site-specific numerical criteria for any pollutant that is
			 the primary cause of nonattainment of any criteria in
			 314 CMR 4.00, the Department
			 may determine that such site-specific criteria supersede other criteria in
			 314 CMR 4.00. The Department
			 may establish site-specific criteria for a segment or segments of a water, for
			 an entire water, or for a group of waters with similar physical, chemical or
			 biological qualities. The Department may establish site-specific hydrologic
			 conditions at which criteria are applied. The Department will adopt any such
			 site-specific criteria as revisions to
			 314 CMR 4.00 in accordance
			 with M.G.L. c. 30A.
(b) Criteria
			 for segments designated for partial use in
			 314 CMR
			 4.06 shall be site-specific but, to the
			 maximum extent feasible, shall be the same as the criteria assigned to the
			 Class. For segments so designated because of the impacts of CSO or stormwater
			 discharges, criteria may depart from the criteria assigned to the Class only to
			 the extent necessary to accommodate the technology-based treatment limitations
			 of the CSO or stormwater discharges.
Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 4.00 - Massachusetts Surface Water Quality Standards › Section 4.07 - Severability

Current through Register 1525, July 5, 2024
If any provision of
				314 CMR 4.00 is held invalid,
				the remainder of
				314 CMR 4.00 shall not be
				affected.
Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 5.00 - GROUND WATER DISCHARGE PERMIT PROGRAM › Section 5.01 - Purpose, Authority and Scope

Current through Register 1525, July 5, 2024
314 CMR 5.00 establishes the
				program to regulate discharges of pollutants to the ground waters of the
				Commonwealth in accordance with M.G.L. c. 21, §§ 27 and 43. In
				addition to regulating these discharges, M.G.L. c. 21, §§ 26 through
				53 directs the Department to regulate the outlets for these discharges and any
				associated treatment works. The requirements of
				314 CMR 5.00 are designed to
				ensure that ground waters of the Commonwealth are protected for their actual
				and potential use as a source of potable water, that surface waters are
				protected for their existing and designated uses, and that
				314 CMR 4.00:
Massachusetts Surface Water Quality Standards
are attained and
				maintained.
Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 5.00 - GROUND WATER DISCHARGE PERMIT PROGRAM › Section 5.03 - Discharges Requiring a Permit

Current through Register 1525, July 5, 2024
(1) No person
			 shall discharge pollutants to ground waters of the Commonwealth without a
			 currently valid permit from the Department pursuant to M.G.L. c. 21, § 43,
			 and
			 314 CMR 5.00, except as
			 otherwise provided in
			 314 CMR
			 5.05. 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 5.03(1) and written approval from
			 the Department for such activity, except as otherwise provided in
			 314 CMR
			 5.05. The Department may require any person
			 to provide information to determine whether that person is subject to M.G.L. c.
			 21, §§ 26 through 53 or
			 314 CMR 5.00 or in violation
			 of M.G.L. c. 21, §§ 26 through 53 or
			 314 CMR 5.00. Any person who
			 discharges or proposes to discharge pollutants to ground waters of the
			 Commonwealth shall apply for an individual permit, or request coverage under a
			 general permit where applicable, by filing the appropriate application forms
			 and paying the applicable fees in accordance with
			 314 CMR 5.00,
			 2.00:
Permit
			 Procedures
and
			 310 CMR 4.00:
Timely
			 Action Schedule and Fee Provisions
.
(2) Except as otherwise provided in
			 314 CMR
			 5.05, activities which constitute discharges
			 of pollutants requiring a permit under 314 CMR 5.03(1) include, but are not
			 limited to, the construction, installation, modification, operation or
			 maintenance of the facilities listed in 314 CMR 5.03(2)(a) through (e):
(a) Any facility that discharges a liquid
			 effluent onto or below the land surface;
(b) Any facility that discharges a liquid
			 effluent to a percolation pit, pond, or lagoon;
(c) Any facility that discharges a liquid
			 effluent via a soil absorption system, including but not limited to: leaching
			 pits, galleries, chambers, trenches, fields, or pipes;
(d) Any facility that discharges a liquid
			 effluent into a Class V injection well as defined in
			 310 CMR 27.00:
Underground Injection Control Regulations
; or
(e) Any facility with an associated unlined
			 pit, pond, lagoon, or surface impoundment in which wastewaters or sludges are
			 collected, stored, treated, or disposed and from which a liquid portion seeps
			 into the ground.
Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 5.00 - GROUND WATER DISCHARGE PERMIT PROGRAM › Section 5.04 - Other Activities Requiring a Permit

Current through Register 1525, July 5, 2024
(1)
			 No person shall engage in any activity, in addition to those described in
			 314 CMR
			 5.03, which may reasonably be expected to
			 result, directly or indirectly, in the discharge of pollutants into ground
			 waters of the Commonwealth, without a currently valid permit from the
			 Department, pursuant to
			 314 CMR 5.00 and
			 2.00:
Permit
			 Procedures
, except as otherwise provided in
			 314 CMR
			 5.05. Any person who engages or proposes to
			 engage in such activities shall apply for an individual permit or request
			 coverage under a general permit where applicable by filing the appropriate
			 application forms and paying the applicable fees in accordance with
			 314 CMR 5.00,
			 2.00:
Permit
			 Procedures
and
			 310 CMR 4.00:
Timely
			 Action Schedule and Fee Provisions
.
(2) Such other activities shall specifically
			 include, but not be limited to, a conveyance or system of conveyances
			 (
e.g
. pipes, conduits, ditches and channels) primarily used
			 for collecting and conveying storm water runoff, but not including combined
			 municipal sewer systems, and that:
(a)
			 Discharge stormwater runoff contaminated by contact with process wastes, raw
			 materials, toxic pollutants, hazardous substances, or oil and grease to a
			 leaching facility, percolation pit, unlined pond, or unlined lagoon;
(b) Are located in Industrial Plant
			 Associated Areas where there is a potential for significant discharge of storm
			 water contaminated by contact with process wastes, raw materials, toxic
			 pollutants or hazardous substances; or
(c) Is designated under on a case-by-case
			 basis as a stormwater discharge requiring a permit, where the Department
			 determines that a storm water discharge is or may be a significant contributor
			 of pollution to the ground waters of the Commonwealth. In making this
			 determination, the Department shall consider the following factors:
1. The location of the discharge with respect
			 to ground waters of the Commonwealth;
2. The size of the discharge;
3. The quantity and nature of the pollutants
			 reaching ground waters of the Commonwealth and the Massachusetts water quality
			 standards applicable to such waters; and
4. Other relevant factors.
Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 5.00 - GROUND WATER DISCHARGE PERMIT PROGRAM › Section 5.06 - Restrictions on the Issuance of a Permit

Current through Register 1525, July 5, 2024
(1)
			 The Department will not issue a permit pursuant to
			 314 CMR 5.00 if the discharge
			 will cause or contribute to a violation of
			 314 CMR 4.00:
Massachusetts Surface Water Quality Standards
or impair the
			 use of ground water as an actual or potential source of potable water. In
			 addition, the Department will not issue a permit pursuant to
			 314 CMR 5.00 for the following
			 discharges:
(a) A discharge of any
			 radiological, chemical, or biological warfare agent or high-level radioactive
			 waste.
(b) A discharge of effluent
			 from a POTW within the Zone I of a public water supply source, or within the
			 six-month ground water travel time to the public water supply source, whichever
			 is larger.
(c) A discharge of
			 effluent from a POTW within the Zone A of a public water supply
			 source.
(d) A discharge within the
			 Zone II or within the Interim Wellhead Protection Area of a public water supply
			 source, of effluent from a POTW that treats industrial wastewater and has
			 failed to establish and implement a pretreatment program as required by
			 314 CMR
			 12.08:
Prohibitions and Standards for
			 Discharge to POTWs
, 12.09:
POTW Pretreatment Programs
and 5.10(8)(a).
(e) A discharge of
			 effluent from a Privately Owned Wastewater Treatment Facility (PWTF) that
			 treats industrial wastewater within the Zone I, Zone A, Zone II, or within the
			 Interim Wellhead Protection Area of a public water supply source.
(f) A discharge within the Zone I of a public
			 water supply source, or the six-month ground water travel time to the public
			 water supply source, whichever is larger, of effluent from a PWTF limited to
			 the treatment of sewage.
(g) A
			 discharge of effluent from a PWTF limited to the treatment of sewage within the
			 Zone A of a public water supply source.
Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 5.00 - GROUND WATER DISCHARGE PERMIT PROGRAM › Section 5.07 - Effect of a Permit

Current through Register 1525, July 5, 2024
Issuance of an individual permit or coverage under a general
				permit under
				314 CMR 5.00 and
				2.00:
Permit
				Procedures
shall be deemed to allow, to the extent specified in the
				permit and 314 CMR 5.07, the permittee to discharge pollutants to ground waters
				of the Commonwealth, and to construct, install, modify, operate and maintain an
				outlet for such discharge, together with any treatment works required to meet
				effluent limitations or other requirements specified in the permit for such
				discharge. Issuance of an individual permit under
				314 CMR 5.00 and
				2.00 shall also be deemed to
				allow, to the extent specified in the permit and
				314 CMR 20.00:
Reclaimed Water Permit Program and Standards
, the permittee to
				construct, install, modify, operate, and maintain a reclaimed water system, and
				to use, sell, distribute, and offer for use, sale or distribution, the
				reclaimed water produced by the system in accordance with the permit and
				314 CMR 20.00. Issuance of an
				individual permit or coverage under a general permit pursuant to
				314 CMR
				2.00:
Permit Procedures
and 5.00
				does not relieve the permittee of its obligation to comply with all applicable,
				Federal, State, and local laws and regulations.
Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 5.00 - GROUND WATER DISCHARGE PERMIT PROGRAM › Section 5.08 - Continuation of an Expiring Permit

Current through Register 1525, July 5, 2024
(1) The
			 conditions of an individual permit shall continue in force under M.G.L. c. 30A,
			 § 13, beyond the expiration date if:
(a)
			 The permittee has made a timely application for renewal or issuance of an
			 individual permit pursuant to
			 314 CMR
			 5.09A(3), which is a
			 complete application under
			 314 CMR 5.09A(4) and
			 (5), or submits a complete and timely notice
			 of intent requesting coverage under a general permit in accordance with
			 314 CMR 5.13;
			 and
(b) The Department does not
			 renew or issue an individual permit or grant coverage under a general permit
			 with an effective date under
			 314
			 CMR 2.08:
Issuance and Effective Date
			 of Permit Coverage, or Other Determination and Requests for Adjudicatory
			 Hearings
on or before the expiration date of the previous permit, and
			 does not issue a decision denying an application for an individual permit, or
			 modifying or revoking the previous permit. If, in
lieu
of
			 applying for renewal or issuance of an individual permit as set forth in 314
			 CMR 5.08(1)(a), the permittee files a notice of intent requesting coverage
			 under a general permit, the Department may, as provided in
			 314 CMR 5.13,
			 require the permittee to apply for renewal or issuance of an individual permit,
			 or file a notice of intent requesting coverage under an alternative general
			 permit, and set a deadline for the permittee to file such application or notice
			 of intent. In that event, the conditions of an individual permit continue in
			 force beyond the expiration date as provided in 314 CMR 5.08(1)(b), only if the
			 permittee submits a complete application for an individual permit or files a
			 complete notice of intent requesting coverage under an alternative general
			 permit by the deadline established by the Department.
Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 5.00 - GROUND WATER DISCHARGE PERMIT PROGRAM › Section 5.09 - Duty to Submit Hydrogeological Evaluation

Current through Register 1525, July 5, 2024
(1) Except as otherwise provided in 314 CMR
			 5.09(2) or as otherwise determined by the Department, no person shall apply for
			 an individual permit or file a notice of intent requesting coverage under a
			 general permit for a proposed discharge of pollutants to the ground water
			 without an authorization from the Department. A person shall apply for such
			 authorization by:
(a) preparing a scope of
			 work for a hydrogeological investigation in accordance with the Department's
			 guidelines to determine whether the proposed discharge site is a suitable
			 location for the proposed discharge, to assess the impact of the proposed
			 discharge on all potentially impacted ground water sources of potable water for
			 public water systems and all private drinking water supplies, and to determine
			 whether the proposed discharge will cause or contribute to a violation of
			 314 CMR 4.00:
Massachusetts Surface Water Quality
Standards
or impair the actual or potential use of the ground water as a source
			 of potable water;
(b) placing a
			 public notice in the
Environmental Monitor
that the scope of
			 work has been prepared and will be submitted to the Department;
(c) submitting to the Department for its
			 review and approval the scope of work along with a copy of the public notice as
			 published in the
Environmental Monitor
;
(d) conducting a hydrogeological
			 investigation in accordance with the scope of work approved by the Department
			 and the Department's guidelines;
(e) documenting the results of the
			 hydrogeological investigation in a Hydrogeological Report prepared in
			 accordance with the scope of work approved by the Department and the
			 Department's Guidelines;
(f)
			 submitting to the Department for its review and approval the Hydrogeological
			 Report and a request for authorization by the Department to apply for an
			 individual permit or to file a notice of intent requesting coverage under the
			 general permit;
(g) if a discharge
			 is proposed within the Zone II or Interim Wellhead Protection Area of a ground
			 water source of potable water for a public water system, the applicant shall
			 also notify the public water system in writing by certified mail, return
			 receipt requested, when the scope of work and Hydrogeological Report is
			 submitted and at the same time provide a copy of said notice to the Department;
			 and
(h) the documents required by
			 314 CMR 5.09(1)(c) and (f) shall be submitted to the Department along with the
			 appropriate Department-approved form(s) and the applicable application fees. An
			 applicant shall submit the hydrogeological evaluation prior to submitting an
			 application for an individual permit or a request for coverage under a general
			 permit.
Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 5.00 - GROUND WATER DISCHARGE PERMIT PROGRAM › Section 5.09A - Application for a Permit

Current through Register 1525, July 5, 2024
(1)
Duty to Apply
. Any person required to obtain a permit
			 pursuant to
			 314 CMR
			 5.03 or
			 5.04
			 shall apply for an individual permit in accordance with 314 CMR 5.09A(5) or
			 seek coverage under a general permit in accordance with
			 314 CMR 5.13 by
			 completing and submitting the appropriate form(s). An applicant shall provide
			 the Department with any information and analyses the Department deems necessary
			 to determine whether the applicant and the proposed activity meet the
			 requirements of
			 314 CMR 5.00 and applicable
			 guidelines. Such information includes, but is not limited to, pollutant loading
			 information, water quality analyses relevant to the discharge location, and
			 information regarding areas and resources potentially impacted by the
			 discharge, including without limitation, ground water sources for public water
			 systems and private water supply wells.
(2)
Who Must Apply
.
			 Except as otherwise provided in 314 CMR 5.09A(2) or otherwise determined by the
			 Department, the owner of the treatment works or the owner of the activity
			 resulting in a discharge of pollutants shall apply for an individual permit or
			 request coverage under a general permit. For a POTW, the owner of the treatment
			 works shall apply. For a PWTF, the applicant shall meet the requirements set
			 forth in
			 314
			 CMR 5.15.
(3)
Time to Apply.
(a) Any person required to obtain a permit
			 pursuant to
			 314 CMR
			 5.03 or
			 5.04,
			 who does not have a currently effective permit, and who is applying for an
			 individual permit, shall submit an application at least 180 days before the
			 date on which the discharge will commence, unless permission for a later date
			 has been granted by the Department in writing. Persons proposing a new
			 discharge are encouraged to submit their applications well in advance of the
			 180-day requirement to avoid delay.
(b) Any person with a currently effective
			 individual permit shall submit a new application for an individual permit or
			 request coverage under a general permit at least 180 days before the expiration
			 date of the existing individual permit, unless permission for a later date has
			 been granted by the Department in writing.
(c) A person required to obtain a permit
			 pursuant to
			 314 CMR
			 5.03 or
			 5.04
			 who does not have a currently effective permit and who is requesting coverage
			 under a general permit shall submit a notice of intent requesting such coverage
			 in accordance with
			 314 CMR
			 5.13.
Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 5.00 - GROUND WATER DISCHARGE PERMIT PROGRAM › Section 5.11 - Ground Water Standards

Current through Register 1525, July 5, 2024
(1) Except as
			 otherwise provided in 314 CMR 5.11(2), or unless the Department determines that
			 the ground water is not an underground source of drinking water as provided in
			 314 CMR
			 5.10(9)(c), all ground
			 waters of the Commonwealth are designated as a source of potable water supply
			 and the minimum criteria applicable to all ground waters of the Commonwealth
			 shall be the effluent limitations set forth in
			 314 CMR 5.10(3)(a) and
			 (b).
(2) The ground waters classified as Class III
			 Ground Waters prior to March 20, 2009 are designated for uses other than a
			 source of potable water supply. At a minimum, the most sensitive use of these
			 ground waters shall be as a source of non-potable water which may come in
			 contact with, but is not ingested by humans. The minimum criteria applicable to
			 such ground waters shall be the effluent limitations set forth in
			 314 CMR 5.10(3)(a) and
			 (b) as modified by
			 314 CMR
			 5.10(3)(c).
(3) To prevent the ground waters classified
			 as Class III Ground Waters prior to March 20, 2009 from being further degraded,
			 the Department may require that any discharge to such ground waters not
			 authorized by a permit issued by the Department prior to March 20, 2009, and
			 any increase in the volume or amount of pollutants above that authorized by a
			 permit issued by the Department prior to March 20, 2009 to such waters, meet
			 the more stringent of the water quality based effluent limitations and the
			 technology based effluent limitations set forth in
			 314 CMR 5.10(3)(a) and (b), and
			 (4). Alternatively, the Department may
			 require the discharge to meet the special effluent limitations set forth in
			 314 CMR
			 5.10(9), if the permittee
			 requests such limitations and makes the required demonstrations.
Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 5.00 - GROUND WATER DISCHARGE PERMIT PROGRAM › Section 5.13 - General Permits

Current through Register 1525, July 5, 2024
(1) The Department
			 may issue general permits that authorize one or more types of discharges and
			 the construction, operation, and maintenance of associated treatment works by
			 multiple dischargers who have properly applied for and obtained coverage under
			 the appropriate general permit. General permits may require dischargers to also
			 employ best management practices.
(a) The
			 Department may issue general permits to one or more categories or subcategories
			 of dischargers whose discharges warrant similar control measures because the
			 Department has determined that they: involve the same or similar types of
			 operations; discharge the same types of wastes; require the same effluent
			 limitations or operating conditions; require the same or similar monitoring
			 requirements; and are more appropriately controlled under a general permit than
			 under individual permits.
(b) Based
			 on the factors set forth in 314 CMR 5.13(1)(a), the Department may issue
			 general permits for the construction, installation, modification, operation,
			 and maintenance of certain PWTFs and POTWs that discharge less than 50,000
			 gallons per day of sewage. The Department may also issue general permits for
			 additional discharges including, without limitation, the following: reject
			 water from reverse osmosis facilities; boiler blowdown with chemical additives
			 approved by the Department; carwashes; laundromats; wastewater from water
			 purification plants and water treatment plant lagoons; and point source
			 agricultural discharges.