Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 4.00 - Massachusetts Surface Water Quality Standards › Section 4.04 - Antidegradation Provisions

Current through Register 1525, July 5, 2024
(1)
Protection of Existing Uses
. In all cases existing
			 uses and the level of water quality necessary to protect the existing uses
			 shall be maintained and protected.
(2)
Protection of High Quality
			 Waters
. High Quality waters are waters whose quality exceeds
			 minimum levels necessary to support the national goal uses, low-flow waters,
			 and other waters whose character cannot be adequately described or protected by
			 traditional criteria. These waters shall be protected and maintained for their
			 existing level of quality, unless limited degradation by a new or increased
			 discharge is authorized by the Department pursuant to 314 CMR 4.04(5). Limited
			 degradation also may be allowed by the Department where it determines that a
			 new or increased discharge is insignificant because it does not have the
			 potential to impair any existing or designated water use and does not have the
			 potential to cause any significant lowering of water quality.
(3)
Protection of Outstanding
			 Resource Waters
. The quality of Outstanding Resource Waters shall
			 be protected and maintained.
(a) Any person
			 having an existing discharge to these waters shall cease said discharge and
			 connect to a POTW, unless it is shown by said person that such a connection is
			 not reasonably available or feasible. Existing discharges not connected to a
			 POTW shall be provided with the highest and best practical method of waste
			 treatment determined by the Department as necessary to protect and maintain the
			 outstanding resource water.
(b) A
			 new or increased discharge to an Outstanding Resource Water is prohibited
			 unless:
1. the discharge is determined by the
			 Department to be for the express purpose and intent of maintaining or enhancing
			 the resource for its designated use and an authorization is granted as provided
			 in 314 CMR 4.04(5). The Department's determination to allow a new or increased
			 discharge shall be made in agreement with the federal, state, local or private
			 entity recognized by the Department as having direct control of the water
			 resource or governing water use; or
2. the discharge is dredged or fill material
			 for qualifying activities in limited circumstances, after an alternatives
			 analysis which considers the Outstanding Resource Water designation and further
			 minimization of any adverse impacts. Specifically, a discharge of dredged or
			 fill material is allowed only to the limited extent specified in
			 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
and
			 314 CMR
			 4.06(1)(d). The Department
			 retains the authority to deny discharges which meet the criteria of
			 314 CMR 9.00, but will result
			 in substantial adverse impacts to the physical, chemical, or biological
			 integrity of surface waters of the Commonwealth.