reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 5.00 - GROUND WATER DISCHARGE PERMIT PROGRAM › Section 5.14 - Signatories to Permit Applications, Notices of Intent and Reports

Current through Register 1525, July 5, 2024
(1)
Applications
.
			 All permit applications for an individual permit and all notices of intent
			 requesting coverage under a general permit, including without limitation
			 applications for PWTFs submitted in accordance with
			 314
			 CMR 5.15, shall be signed as follows:
(a) For a corporation or limited liability
			 corporation: by a president, secretary, treasurer, or vice-president of the
			 corporation in charge of a principal business function and duly authorized by
			 the Board of Directors, or any other person who performs similar policy or
			 decision-making functions for the corporation, or to whom authority to sign
			 documents has been assigned or delegated in accordance with corporate
			 procedures;
(b) For a partnership
			 or limited partnership: by a general partner;
(c) For a sole proprietorship: by the
			 proprietor;
(d) For a trust: by the
			 trustee; or
(e) For a municipality,
			 local government unit or political subdivision of the State or Federal
			 government: by a principal executive officer, ranking elected official, or
			 other person with legal authority to sign such documents.
Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 5.00 - GROUND WATER DISCHARGE PERMIT PROGRAM › Section 5.15 - Requirements for Privately Owned Wastewater Treatment Facilities

Current through Register 1525, July 5, 2024
(1) A person owning, operating, or proposing
			 to own or operate, a Privately Owned Wastewater Treatment Facility (PWTF) who
			 applies for an individual permit or general permit coverage under
			 314 CMR 5.00 to construct,
			 install, modify, operate or maintain a PWTF shall demonstrate to the
			 Department's satisfaction compliance with the requirements of 314 CMR
			 5.15(1)(a) through (c) by signing and submitting with the permit application a
			 Certification for PWTFs, and a Supplemental Certification for PWTFs (when
			 applicable), in accordance with 314 CMR 5.15(7), in addition to the
			 Certification required by
			 314
			 CMR 5.14(3).
(a) A single entity (the "single responsible
			 entity") shall be the permittee responsible for the operation of the facility,
			 including reporting, monitoring, maintenance, repair and replacement of the
			 PWTF.
(b) Except as otherwise
			 provided in
			 314
			 CMR 5.12(5), the single
			 responsible entity shall not change its organizational arrangements, nor sell,
			 assign, or transfer the PWTF without the prior written approval of the
			 Department.
(c) The single
			 responsible entity shall own or control the land on which the PWTF is located,
			 and shall own or control land, or obtain easements that provide access to:
1. the land on which the PWTF is
			 located;
2. the wastewater
			 collection system and any associated appurtenances;
3. all land within ten feet of any component
			 of the collection system; and
4.
			 the land area surrounding the disposal system that is essential to system
			 operation and maintenance.
Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 5.00 - GROUND WATER DISCHARGE PERMIT PROGRAM › Section 5.17 - Orders, Violations and Penalties

Current through Register 1525, July 5, 2024
(1)
Orders
. The Department may issue orders as necessary
			 to aid in the implementation and enforcement of M.G.L. c. 21, §§ 26
			 through 53. Such orders may include, but shall not be limited to, orders
			 requiring persons to cease any activity which is in violation of M.G.L. c. 21,
			 §§ 26 through 53, or
			 314 CMR 5.00 or to carry out
			 activities necessary to bring such person into compliance. The Department may
			 also require any person to submit such information as the Department may
			 reasonably require to evaluate whether that person is subject to, or in
			 violation of, M.G.L. c. 21, §§ 26 through 53, or
			 314 CMR 5.00.
(2)
Violations
.
			 Without limitation, it shall be a violation of M.G.L. c. 21, §§ 26
			 through 53, and
			 314 CMR 5.00 to:
(a) fail to comply with any order of the
			 Department;
(b) make a discharge or
			 engage in any other activity that is contrary to the terms and conditions of
			 M.G.L. c. 21, §§ 26 through 53, or
			 314 CMR 5.00, or of any
			 permit, approval or order issued pursuant to M.G.L. c. 21, §§ 26
			 through 53, and
			 314 CMR 5.00;
(c) fail to submit a timely application for a
			 permit or a permit renewal for an activity that requires a permit pursuant to
			 314 CMR 5.00;
(d) make any false, inaccurate, incomplete or
			 misleading statement in any document submitted to the Department or required to
			 be kept by M.G.L. c. 21, §§ 26 through 53, or
			 314 CMR 5.00;
(e) make any false, inaccurate, incomplete or
			 misleading statement in any record, report, plan, file, log, register or other
			 document which the person submits to the Department or is required to be kept
			 by the terms of a permit, approval or order issued pursuant to
			 314 CMR 5.00;
(f) fail to provide any information requested
			 by the Department pursuant to
			 314 CMR 5.00 or a permit,
			 approval or order issued pursuant to
			 314 CMR 5.00.
Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 7.00 - Sewer System Extension And Connection Permit Program › Section 7.01 - Purpose and Authority

Current through Register 1525, July 5, 2024
314 CMR 7.00 establishes the
				program whereby sewer system extensions and connections are regulated and
				permitted by the Department pursuant to M.G.L. c. 21, § 43.
				314 CMR 7.00 is adopted to
				insure proper operation of wastewater treatment facilities and sewer systems
				within the Commonwealth.
Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 7.00 - Sewer System Extension And Connection Permit Program › Section 7.03 - Activities Requiring a Permit

Current through Register 1525, July 5, 2024
(1) No person
			 shall construct, effect, maintain, modify or use any sewer system extension or
			 connection without a currently valid permit from the Department pursuant to
			 M.G.L. c. 21, § 43, and
			 314 CMR 7.00, unless such
			 activity meets all the applicable conditions in
			 314 CMR
			 7.05, as determined by the Department.
			 Notwithstanding the provisions in
			 314 CMR
			 7.05, the Department may, pursuant to its
			 authority under M.G.L. c. 21, § 43, and
			 314 CMR 7.00, require any
			 person constructing, effecting, maintaining, modifying, or using any sewer
			 system extension or connection to obtain a permit from the Department. Any
			 person who proposes to construct, effect, maintain, modify or use a sewer
			 system extension or connection may obtain a permit by filing an application
			 form in accordance with
			 314 CMR 7.00 and
			 2.00: Permit Procedures. The
			 Department may also require any person to provide information as the Department
			 may reasonably require to determine whether that person is subject to or in
			 violation of M.G.L. c. 21, §§ 26 through 53,
			 314 CMR 7.00 and
			 314 CMR 12.00: Operation and
			 Maintenance and Pretreatment Standards for Wastewater Treatment Works and
			 Indirect Dischargers, including the conditions applicable to the activities not
			 requiring a permit in
			 314 CMR
			 7.05.
(2) Discharges from an industrial user that
			 have a Standard Industrial Classification (SIC) Code listed in
			 314 CMR
			 7.17 and discharge greater than 25,000
			 gallons per day to a Non-IPP-POTW, unless exempted in accordance with
			 314 CMR
			 7.05(1)(h).
(3) Notwithstanding the provisions in
			 314 CMR
			 7.05, discharges, as determined by the
			 Department, that will or potentially could cause harm to the treatment works,
			 pass through the treatment works, cause water quality violations in the
			 receiving waters or cause wastewater to bypass part or all of the treatment
			 works.
Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 7.00 - Sewer System Extension And Connection Permit Program › Section 7.05 - Activities Not Requiring a Permit

Current through Register 1525, July 5, 2024
(1) The
			 following sewer extensions and sanitary sewer connections are not required to
			 obtain or renew a permit under
			 314 CMR 7.00 and M.G.L. c. 21,
			 § 43(2), provided that the connection or extension, as applicable, meets
			 all the conditions of the applicable sections in 314 CMR 7.05(1), as determined
			 by the Department:
(a)
Sewer
			 Extensions
. Any sewer extension to a sewer system that meets the
			 following criteria:
1.the sewer extension has
			 been designed in accordance with TR-16 and applicable Department
			 policies;
2.the sewer extension has
			 been permitted by the local or regional sewer authority and the permittee for
			 such extension is in compliance with the local or regional permit, including,
			 where applicable, any infiltration/inflow removal requirements contained
			 therein;
3.where applicable, the
			 permittee has complied with the requirements of MEPA and the MA Historical
			 Commission; and
4.for a sewer
			 extension that includes a privately owned pump station, the owner of such pump
			 station has satisfied any requirements imposed by the local or regional sewer
			 authority in its permit for the ownership, operation and maintenance, financial
			 assurance for emergency repair and long-term replacement, or other conditions
			 applicable to the pump station.
Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 7.00 - Sewer System Extension And Connection Permit Program › Section 7.06 - Prohibitions

Current through Register 1525, July 5, 2024
(1) No person owning or maintaining a sewer
			 system shall operate such system in a manner, or allow additional sewer
			 extensions or sewer connections to the system that would result in:
(a) Any surcharging, overflow or bypassing of
			 the system that is not authorized by a discharge permit issued by the
			 Department pursuant to M.G.L. c. 21, § 43; or
(b) An increase in a surcharge, overflow or
			 bypass permitted by the Department which increase would result in the
			 elimination of an existing beneficial use of the receiving waters as
			 established in the Massachusetts water quality standards, or the creation of a
			 hazard to the public health or safety; or
(c) Any violation of the provisions of
			 314 CMR 12.00: Operation and
			 Maintenance and Pretreatment Standards for Wastewater Treatment Works and
			 Indirect Dischargers.
Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 7.00 - Sewer System Extension And Connection Permit Program › Section 7.07 - Effect of a Permit

Current through Register 1525, July 5, 2024
Unless a permit specifically states otherwise, a permit for a
				sewer extension or connection issued by the Department shall be deemed to
				authorize the applicant or person owning the sewer system of which the sewer
				extension or connection is a part to construct, effect and maintain the
				extension or connection as described in the application and in accordance with
				approved plans and specifications. Use of the extension or connection shall be
				deemed permitted up to the total flow stated in the application form and
				additional connections adding flow within this gallonage amount shall not be
				the subject of a separate application to the Department provided that the
				industrial waste flow stated in the application form is also not exceeded and
				that no new sources of industrial wastewater other than those establishments
				approved by the Department are added to the system through the permitted sewer
				extension or connection.
Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 7.00 - Sewer System Extension And Connection Permit Program › Section 7.08 - Continuation of an Expiring Permit

Current through Register 1525, July 5, 2024
(1) 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 of a new permit pursuant to
			 314 CMR 7.09(3)
			  which is a complete application under
			 314 CMR
			 7.09(4); and
(b) the Department does not renew or issue a
			 new permit with an effective date under
			 314
			 CMR 2.08: Issuance and Effective Date of
			 Permit, General Permit Coverage, or Other Determination and Requests for
			 Adjudicatory Hearings on or before the expiration date of the previous
			 permit.
Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 7.00 - Sewer System Extension And Connection Permit Program › Section 7.09 - 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
			 7.03 shall complete and submit the
			 application on a form prescribed by the Department. The Department's
			 application form shall contain such standard permit terms and conditions that
			 the Department deems necessary to assure that the proposed permitted activity
			 complies with
			 314 CMR 7.00 and the State or
			 Federal Acts, and other applicable regulations adopted thereunder.
(2)
Who Must Apply
.
			 The owner of the treatment works or activity resulting in a discharge of
			 pollutant(s) shall apply for a permit.
(3)
Time to Apply
.
(a) Any person required to obtain a permit
			 pursuant to
			 314 CMR
			 7.03 and who does not have a currently
			 effective permit shall submit an application at least 90 days before the date
			 on which the sewer system extension or connection is to be constructed, unless
			 written permission for a later date has been granted by the Department. A
			 Person proposing a new discharge is encouraged to submit his or her
			 applications well in advance of the 90 day requirement to avoid
			 delay.
(b) Any person with a
			 currently effective permit not exempted from permit renewal under
			 314 CMR
			 7.05 shall submit a new application at least
			 90 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 7.00 - Sewer System Extension And Connection Permit Program › Section 7.10 - Permit Conditions

Current through Register 1525, July 5, 2024
(1)
Duration of Permits
. Permits shall be effective for a
			 fixed term not to exceed five years. The Department may issue any permit for a
			 lesser duration to provide for and assure compliance with all applicable
			 requirements of the State and Federal Acts and regulations adopted
			 thereunder.
(2)
Monitoring, Record Keeping, and Reporting
			 Requirements
.
(a) A permit may
			 contain monitoring requirements to assure compliance with permit limitations
			 and to provide for and assure compliance with all applicable requirements of
			 the State and Federal Acts and regulations adopted thereunder. The type,
			 intervals, and frequency of monitoring shall be sufficient to yield data which
			 are representative of the monitored activity including, when appropriate,
			 continuous monitoring.
(b) A permit
			 may contain requirements to report monitoring results with a frequency
			 dependent on the nature and effect of the discharge.
(c) The permittee shall retain records of all
			 required monitoring information for a period of three years from the date
			 recorded unless extended by the Department. This period also shall be extended
			 for the duration of any enforcement action.
Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 7.00 - Sewer System Extension And Connection Permit Program › Section 7.12 - Modification, Suspension, Revocation and Renewal of Permits

Current through Register 1525, July 5, 2024
(1) As provided in M.G.L. c. 21, §
			 43(10), the Department may propose and determine to modify, suspend or revoke
			 any outstanding permit, in whole or in part, for cause including, but not
			 limited to, violation of any permit term, obtaining a permit by
			 misrepresentation or failure to disclose fully all relevant facts or any change
			 in or discovery of conditions that calls for reduction or discontinuance of the
			 authorized discharge or activity. The Department may also modify a permit at
			 the request of the permittee upon a showing, satisfactory to the Department,
			 that the requested modification is appropriate in view of circumstances for
			 which the permittee is not at fault.
(2) The modification, suspension, revocation
			 or renewal of a permit shall be processed in accordance with the provisions of
			 314
			 CMR 2.10: Modification, Suspension,
			 Revocation and Renewal of Permits and General Permit Coverage.
(3)
Minor Modifications to
			 Permits
. Upon the consent of the permittee, the Department may
			 modify a permit to make the corrections or allowances for changes in the
			 permitted activity listed in 314 CMR 7.12(3), without following the procedures
			 of
			 314 CMR
			 2.00: Permit Procedures. Any permit modification not
			 processed as a minor modification under 314 CMR 7.12 must be made for cause and
			 in accordance with the draft permit and public notice requirements of
			 314 CMR
			 2.00: Permit Procedures. Minor modifications may only:
(a) Correct typographical errors;
(b) Require more frequent monitoring or
			 reporting by the permittee;
(c)
			 Change an interim compliance date in a schedule of compliance, provided the new
			 date does not interfere with attainment of the final compliance date
			 requirement; or
(d) Allow for a
			 change in ownership or operational control of a facility where the Department
			 determines that no other change in the permit is necessary, provided that a
			 written agreement containing a specific date for transfer of permit
			 responsibility, coverage, and liability between the current and new permittee
			 has been submitted to the Department.
Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 7.00 - Sewer System Extension And Connection Permit Program › Section 7.13 - Transfer of Permits

Current through Register 1525, July 5, 2024
(1) Any permit
			 issued pursuant to
			 314 CMR 7.00 is valid only for
			 the person to whom it is issued, unless prior to transfer:
(a) the current permittee notifies the
			 Department at least 30 days in advance of the proposed transfer date;
			 and
(b) the notice includes a
			 written agreement between the existing and new permittees containing a specific
			 date for transfer of permit responsibilities and liability to the new
			 permittee.
Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 7.00 - Sewer System Extension And Connection Permit Program › Section 7.14 - Signatories to Permit Applications and Reports

Current through Register 1525, July 5, 2024
All permits, applications, and reports shall be signed as
				follows:
(1) For a municipality,
			 State, Federal, or other public agency, by a principal executive officer,
			 ranking elected official or other duly authorized employee if such employee is
			 responsible for overall operation of the treatment works.
(2) For all other applicants and permittees,
			 by a duly authorized representative. An authorized representative may be:
(a) A principal executive officer of at least
			 the level of vice president for a corporation.
(b) A general partner or proprietor if for a
			 partnership or sole proprietorship respectively.
(c) A duly authorized representative of the
			 individual designated in 314 CMR 7.14(2)(a) or (b) if such representative is
			 responsible for the sewer extension or connection and the overall operation of
			 the facility discharging thereto.
Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 7.00 - Sewer System Extension And Connection Permit Program › Section 7.17 - Standard Industrial Classification (SIC) Codes

Current through Register 1525, July 5, 2024
An Industrial User with a discharge to a sewer system and which
				the Department determines is classified by the following Standard Industrial
				Classification (SIC) Codes, or the corresponding North America Industry
				Classification System (NAICS) codes, is subject to
				314 CMR 7.03(2)
				 and
				314 CMR
				7.05(1)(h):
1000-1399
Metal Mining, Coal Mining, Oil and Gas
							 Exploration;
1474-1499
Chemical/Fertilizer Mining, Nonmetallic
							 Minerals;
2000-3999
Manufacturing;
4231
Maintenance Facilities for Motor Freight
							 Transport;
4581
Airports, Flying Fields and Airport Terminal
							 Service;
4911-4939
Electric and Gas Production;
4953
Refuse Systems;
7216
Dry-cleaning (except rug cleaning);
7217
Carpet and Upholstery Cleaning;
7218
Industrial Laundries;
7384
Photofinishing Laboratories;
7532-7539
Automotive Repair Shops and Paint Shops;
7549
Automotive Services;
7819
Motion Picture Developing/Printing/Film
							 Processing;
8062-8069
Hospitals;
8071
Medical Laboratories;
8072
Dental Laboratories;
8731
Commercial Physical and Biological Research;
							 and
Remedial discharges under M.G.L. c. 21E at any active or
				inactive facility falling in one or more of the above SIC Code
				categories.
Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 8.00 - Supplemental Requirements for Hazardous Waste Management Facilities › Section 8.01 - Purpose and Authority

Current through Register 1525, July 5, 2024
314 CMR 8.00 establishes the program whereby wastewater
				treatment works exempted from M.G.L. c. 21C, which treat, store, or dispose of
				hazardous wastes generated at the same site are regulated pursuant to M.G.L. c.
				21, § 43, to ensure that such activities are conducted in a manner which
				protects public health and safety and the environment.
Whenever provisions of
				310 CMR
				7.00:
Air Pollution Control
or
				30.000:
Hazardous Waste
are cited or cross-referenced in 314
				CMR 8.00, the provisions cited shall be those published in the Massachusetts
				Register on or before November 9, 1984.
Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 8.00 - Supplemental Requirements for Hazardous Waste Management Facilities › Section 8.03 - RCRA Facilities Subject to 314 CMR 8.00

Current through Register 1525, July 5, 2024
(1)
What is a RCRA
			 Facility
. A "RCRA facility" for purposes of 314 CMR 8.00 and
			 314 CMR
			 2.00:
Permit Procedures,
3.00:
Surface Water Discharge Permit Program,
and 5.00:
Groundwater Discharge Permit Program,
is a wastewater
			 treatment works which treats, stores or disposes of hazardous waste generated
			 at the same site by the same owner or operator and which has a wastewater
			 discharge permitted pursuant to M.G.L. c. 21, § 43, and
			 314 CMR 3.00 or
			 5.00;
(2)
RCRA Facilities Shall
			 Include
:
(a) A wastewater
			 treatment unit.
(b) A surface
			 impoundment that treats an influent wastewater which is a hazardous waste, or
			 treats or accumulates, as part of the treatment process, a wastewater treatment
			 sludge which is a hazardous waste, but not including any surface impoundment
			 used solely for accumulation or storage of such wastewater or sludge prior to
			 disposal.
(c) A POTW that
			 generates, accumulates, treats, stores, recycles, or disposes of a hazardous
			 waste.
Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 8.00 - Supplemental Requirements for Hazardous Waste Management Facilities › Section 8.04 - Additional Standards and Requirements for RCRA Facilities

Current through Register 1525, July 5, 2024
(1) No person shall operate a RCRA facility,
			 as defined in 314 CMR 8.00, except in accordance with the applicable standards
			 of 314 CMR 8.04 and the terms and conditions of a permit issued under
			 314 CMR 3.00:
Surface
			 Water Discharge Permit Program
or 5.00:
Groundwater Discharge
			 Permit Program.
(2) Except
			 for wastewater treatment units permitted under
			 314 CMR 3.00:
Surface
			 Water Discharge Permit Program
and existing RCRA facilities operating
			 under the interim status provisions of RCRA, no person shall construct,
			 operate, or maintain a RCRA facility unless the construction, operation and
			 maintenance of said RCRA facility is specifically authorized in a permit issued
			 under
			 314 CMR 3.00:
Surface
			 Water Discharge Permit Program
and 5.00:
Groundwater Discharge
			 Permit Program.
(3) No
			 person operating an existing RCRA facility, other than a wastewater treatment
			 unit permitted under
			 314 CMR 3.00:
Surface
			 Water Discharge Permit Program,
shall continue such operation after
			 the conclusion of a permit proceeding under
			 314 CMR
			 8.07 and
			 2.00:
Permit
			 Procedures
unless authorized to do so by a permit resulting from that
			 proceeding.
(4) From October
			 15,1983, until the applicable date specified in 314 CMR 8.04(6), any person who
			 owns or operates an existing RCRA facility other than a wastewater treatment
			 unit permitted under
			 314 CMR 3.00:
Surface
			 Water Discharge Permit Program
shall comply with the interim status
			 standards of
			 314 CMR
			 8.08.
(5) Any person who owns or operates a RCRA
			 facility that is a wastewater treatment unit permitted under
			 314 CMR 3.00:
Surface
			 Water Discharge Permit Program
shall comply with the standards of
			 314
			 CMR 8.05.
(6) Any person who owns or operates an
			 existing RCRA facility other than a wastewater treatment unit permitted under
			 314 CMR 3.00:
Surface
			 Water Discharge Permit Program
shall:
(a) comply with the application requirements
			 of
			 314 CMR
			 8.07; and
(b) comply with the standards of 314 CMR 8.06
			 beginning on the date specified in a discharge permit issued under
			 314 CMR
			 2.00:
Permit Procedures
and 3.00:
Surface Water Discharge Permit Program
or 5.00:
Groundwater Discharge Permit Program.
Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 8.00 - Supplemental Requirements for Hazardous Waste Management Facilities › Section 8.05 - Standards for Wastewater Treatment Units Permitted under 314 CMR 3.00

Current through Register 1525, July 5, 2024
(1)
Applicability
.
			 These standards apply to owners and operators of wastewater treatment units
			 permitted under
			 314 CMR 3.00:
Surface
			 Water Discharge Permit Program.
(2)
Management and Technical
			 Standards
. The owner and operator of any facility subject to 314
			 CMR 8.05 shall comply with the provisions of
			 310 CMR
			 30.605(2) through
			 (6).
(3)
Operation and Maintenance
			 Manual
. The owner and operator of any facility subject to 314 CMR
			 8.05 shall prepare and submit to the Department by April 16,1984, an operation
			 and maintenance manual meeting the requirements of
			 314 CMR
			 12.04(1).
Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 8.00 - Supplemental Requirements for Hazardous Waste Management Facilities › Section 8.06 - Standards for All Other RCRA Facilities

Current through Register 1525, July 5, 2024
(1)
Applicability
. These standards apply to owners and
			 operators of RCRA facilities except those subject to interim status standards
			 under
			 314 CMR
			 8.04 and except those facilities which are
			 wastewater treatment units subject to the standards of
			 314
			 CMR 8.05.
(2) All owners and operators of RCRA
			 facilities subject to 314 CMR 8.06 shall comply with:
(a) The management standards of
			 310 CMR
			 30.500:
Management Standards for All
			 Hazardous Waste Facilities,
including: general waste analysis;
			 security; general inspection; personnel training; contingency plan; emergency
			 procedures, preparedness and prevention; recordkeeping and reporting; general
			 requirements for ignitable, reactive, or incompatible wastes; closure; and,
			 where applicable, post-closure.
(b)
			 The technical standards of
			 310 CMR
			 30.600:
Technical Standards for All
			 Hazardous Waste Facilities,
including general requirements for all
			 facilities; preparation of waste for disposal; injection wells, leaching
			 fields, and seepage pits; and, if applicable, the standards for surface
			 impoundments, landfills, waste piles, land treatment, ground water protection,
			 use and management of containers, and storage and treatment in tanks.
(c) The location standards of
			 310 CMR
			 30.700:
Facility Location
			 Standards.
(d) The
			 financial responsibility requirements of
			 310
			 CMR 30.900:
Financial Responsibility
			 Requirements for Treatment, Storage, and Disposal
			 Facilities.
(e) In the
			 case of POTWs, the standards for generators in
			 310 CMR
			 30.300:
Requirements for Generators
			 of Hazardous Wastes
and the requirements for incineration in
			 310 CMR
			 7.08(4):
Hazardous
			 Waste Incinerators,
as applicable.
Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 8.00 - Supplemental Requirements for Hazardous Waste Management Facilities › Section 8.07 - Supplemental Application and Permit Requirements

Current through Register 1525, July 5, 2024
(1)
Duty to apply
.
			 Any person who owns or operates a RCRA facility other than a wastewater
			 treatment unit permitted under
			 314 CMR 3.00:
Surface
			 Water Discharge Permit Program
shall complete and submit The
			 Supplemental Application Form HW and shall submit all attachments required by
			 said form, in accordance with the applicable provisions of 314 CMR 8.07(l)(a)
			 or (b):
(a) Any person required to obtain a
			 permit pursuant to
			 314 CMR 3.00:
Surface
			 Water Discharge Permit Programor
5.00:
Groundwater Discharge
			 Permit Program,
and who does not have a currently effective permit, or
			 any person who requires modification of a permit under
			 314 CMR 3.00 or
			 5.00 in order to operate a
			 proposed new RCRA facility, shall submit Form HW along with the forms specified
			 in
			 314 CMR
			 3.10(1):
Duty to
			 Apply and to Provide Information Requested by the Department in the
			 Application
or 5.09A(1):
Application for a Permit
at
			 least 180 days before the date on which the discharge is to commence or the
			 date on which operation of the RCRA facility is to commence, as applicable,
			 unless permission for a later date has been granted by the Department. Persons
			 proposing new discharges or new RCRA facilities are encouraged to submit their
			 applications well in advance of the 180 day requirement to avoid
			 delay.
(b) Any person with a
			 currently effective permit who owns or operates an existing RCRA facility shall
			 submit the Supplemental Application Form HW at the earlier of the following
			 times:
1. Within 180 days of receipt of a
			 request from the Department to submit said form; or
2. At the time of submittal of an application
			 for permit renewal under
			 314 CMR 3.10(3)(b)
			  or
			 5.09A(3)(b)
			  except that item 3 and the attachments
			 required in items 5 through 14 of the Supplemental Application Form HW need not
			 be submitted unless requested by the Department. These items shall be completed
			 and submitted within 180 days of the Department's request.
Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 8.00 - Supplemental Requirements for Hazardous Waste Management Facilities › Section 8.08 - Interim Status Standards for RCRA Facilities

Current through Register 1525, July 5, 2024
On and after October 15,1983, any person who owns or operates
				an existing RCRA facility, other than a wastewater treatment unit permitted
				under
				314 CMR 3.00:
Surface
				Water Discharge Permit Program,
which is subject to 314 CMR 8.00 shall
				comply with
				310 CMR
				30.064:
Change of Hazardous Waste
				Handled
and 30.099:
Interim Status Facilities
until
				such time as the requirements imposed pursuant to 314 CMR 8.06 become
				applicable to the facility. All reports required to be submitted to the
				Department pursuant to
				310 CMR
				30.064 and
				30.099
				shall be submitted to the Department.
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 9.01 - Authority, Jurisdiction, and Purpose

Current through Register 1525, July 5, 2024
(1)
Authority
.
			 314 CMR 9.00 is adopted
			 pursuant to § 27 of the Massachusetts Clean Waters Act, M.G.L. c. 21,
			 §§ 26 through 53 and establishes procedures and criteria for the
			 administration of Section 401 of the federal Clean Water Act,
			 33 U.S.C.
			 1251, for the discharge of dredged or fill
			 material, dredging, and dredged material disposal in waters of the United
			 States within the Commonwealth.
			 314
			 CMR 9.07 is also adopted pursuant to M.G.L.
			 c. 21A § 14; M.G.L. c. 21C; M.G.L c. 21E; M.G.L. 21H; M.G.L. c. 91,
			 §§ 52 through 56; and M.G.L. c. 111, §§ 150A through
			 150A½ relative to upland reuse and disposal of dredged
			 materials.
(2)
Jurisdiction
.
			 314 CMR 9.00 applies to the
			 discharge of dredged or fill material, dredging, and dredged material disposal
			 activities in waters of the United States within the Commonwealth which require
			 federal licenses or permits and which are subject to state water quality
			 certification under
			 33 U.S.C.
			 1251. The federal agency issuing a permit
			 initially determines the scope of geographic and activity jurisdiction. (e.g.
			 the Corps of Engineers for Section 404 permits for the discharge of dredged or
			 fill material).
			 314
			 CMR 9.07 also applies to any dredging project
			 and the management of dredged material within the marine boundaries and at
			 upland locations within the Commonwealth.
(3)
Purpose
.
			 314 CMR 9.00 is promulgated by
			 the Department to carry out its statutory obligations to certify that proposed
			 discharges of dredged or fill material, dredging, and dredged material disposal
			 in waters of the United States within the Commonwealth will comply with the
			 Surface Water Quality Standards and other appropriate requirements of state
			 law.
			 314 CMR 9.00 implements and
			 supplements
			 314 CMR 4.00: Massachusetts
			 Surface Water Quality Standards and is a requirement of state law under
			 33 U.S.C.
			 1251.
			 314 CMR 9.00 implements and
			 supplements
			 314 CMR 4.00: Massachusetts
			 Surface Water Quality Standards by, without limitation:
(a) protecting the public health and
			 restoring and maintaining the chemical, physical, and biological integrity of
			 the water resources of the Commonwealth by establishing requirements,
			 standards, and procedures for the following:
1.monitoring and control of activities
			 involving discharges of dredged or fill material, dredging, and dredged
			 material disposal or placement;
2.the evaluation of alternatives for
			 dredging, discharges of dredged or fill material, and dredged material disposal
			 or placement; and
3.public
			 involvement regarding dredging, discharges of dredged or fill material, and
			 dredged material placement, reuse or disposal.
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 9.03 - Activities Not Requiring an Application

Current through Register 1525, July 5, 2024
The Department certifies the activities identified in 314 CMR
				9.03(1) through (8) and therefore they do not require an individual 401 Water
				Quality Certification application provided the specified conditions are met.
				For activities meeting these specified conditions, the Final Order of
				Conditions or final Restoration Order of Conditions issued pursuant to
				310 CMR
				10.00: Wetlands Protection, as applicable, serves as
				the Water Quality Certification for the project.
(1)
Less than 5000 Sq. Ft. with
			 an Order of Conditions
. Activities conducted in compliance with
			 the Wetlands Protection Act and receiving a Final Order of Conditions which
			 meets all applicable performance standards under
			 310 CMR
			 10.00: Wetlands Protection, provided that:
(a) the Final Order of Conditions permits
			 work that results in the loss of up to 5,000 square feet cumulatively of
			 bordering and isolated vegetated wetlands and land under water. Both bordering
			 and isolated vegetated wetlands must be delineated on the plans contained in
			 the Notice of Intent and described on a form prescribed by the Department;
			 and
(b) the Final Order of
			 Conditions includes conditions requiring at least 1:1 replacement of bordering
			 vegetated wetlands under
			 310
			 CMR 10.55(4)(b);
(c) if applicable, the activity conforms to
			 the stream crossing provisions of
			 310 CMR 10.24(10)
			  and
			 10.53(8);
			 and
(d) the proposed work is not
			 subject to
			 314 CMR
			 9.04.
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 9.07 - Criteria for the Evaluation of Applications for Dredging and Dredged Material Management

Current through Register 1525, July 5, 2024
(1)
General
.
(a) No
			 dredging shall be permitted unless appropriate and practicable steps have been
			 taken which will first avoid, and if avoidance is not possible then minimize,
			 or if neither avoidance or minimization are possible, then mitigate, potential
			 adverse impacts to land under water or ocean, intertidal zone and special
			 aquatic sites. No dredging shall be permitted if there is a practicable
			 alternative that would have less impact on the aquatic ecosystem. However, no
			 such dredging may be permitted which will have any adverse effect on specified
			 habitat sites of Rare Species unless the work is subject to a Conservation and
			 Management Permit or Determination of No Take issued by the Division of
			 Fisheries and Wildlife. An applicant shall be presumed to be taking appropriate
			 and practicable steps to avoid and minimize potential adverse impacts to the
			 aquatic ecosystem as a result of dredging proposed in connection with the
			 construction, repair, replacement or expansion of a stream crossing provided
			 that:
1.The applicant demonstrates to the
			 satisfaction of the Department that he or she has developed and will implement
			 an operation and maintenance plan to ensure that the crossing will function as
			 designed;
2.If the project includes
			 the construction of a new non-tidal crossing, the applicant demonstrates to the
			 satisfaction of the Department that the crossing complies with the
			 Massachusetts Stream Crossing Standards;
3.If the project includes the construction of
			 a new tidal crossing, the applicant demonstrates to the satisfaction of the
			 Department that the project is designed in a manner that does not restrict
			 tidal flow over the full natural tidal range;
4.If the project includes work on an existing
			 non-tidal crossing, the applicant demonstrates to the satisfaction of the
			 Department that the crossing complies with the Massachusetts Stream Crossing
			 Standards to the maximum extent practicable; and
5.If the project includes work on an existing
			 tidal crossing that restricts tidal flow, the applicant demonstrates to the
			 satisfaction of the Department that tidal restriction will be eliminated to the
			 maximum extent practicable.
This presumption may be overcome by credible evidence from a
				competent source that compliance with all applicable criteria set forth in 314
				CMR 9.07(1)(a) is not practicable.
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 9.08 - Variance

Current through Register 1525, July 5, 2024
The Commissioner may issue a variance of the criteria for
				evaluation of applications under
				314
				CMR 9.06 or
				9.07
				if the applicant demonstrates that:
(1) All reasonable measures have been
			 proposed to avoid, minimize, and mitigate adverse effects on the environment;
			 and
(2) The variance is justified
			 by an overriding public interest or necessary to avoid a certification that so
			 restricts the use of property as to constitute an unconstitutional taking
			 without compensation.
The applicant may file an application for a variance with the
				Commissioner of the Department stating the proposed measures to avoid,
				minimize, and mitigate adverse effects and evidence of an overriding public
				interest or unconstitutional taking. If after public notice the Commissioner
				finds that the activity meets the variance criteria, the Commissioner shall
				specify which regulation(s) has been waived and what conditions must be met for
				certification. The Commissioner may consolidate variance decisions under
				314 CMR 9.00,
				310 CMR
				10.36: (Reserved: Variance provision is found
				at
				310 CMR 10.05(10)
				 ) and 10.58: Riverfront Area, and
				310 CMR 9.21:
				Variances. Publication of the variance application in the Environmental Monitor
				shall constitute notice to the public and to agencies with acquisition
				authority of the Department's pending determination.
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 9.09 - 401 Water Quality Certification

Current through Register 1525, July 5, 2024
(1)
			 The Department will certify in writing to the appropriate federal agency and to
			 the applicant whether or not the proposed project will meet applicable water
			 quality standards and minimize environmental impacts through compliance with
			 314 CMR 4.00: Massachusetts
			 Surface Water Quality Standards as implemented and supplemented by
			 314 CMR 9.00. Certification
			 will be denied if the criteria of
			 314
			 CMR 9.06,
			 9.07,
			 or
			 9.08 as applicable are
			 not met. The Department shall send copies of the 401 Water Quality
			 Certification or denial concurrently to the conservation commission, any person
			 who submits written comments during the public comment period and any others
			 who submit a written request. The certification or denial will contain:
(a) the name and address of the applicant,
			 the address of the proposed activity, and the date of the Department's
			 determination;
(b) the federal
			 permit number, the 401 Water Quality Certification Transmittal Number and the
			 Wetlands Protection Act File Number, if applicable and available;
(c) a statement that there is or is not
			 reasonable assurance that the activity will be conducted in a manner which will
			 not violate applicable Surface Water Quality Standards at
			 314 CMR 4.00: Massachusetts
			 Surface Water Quality Standards as implemented by
			 314 CMR 9.00 and a statement
			 of reasons if certification is denied;
(d) any conditions deemed necessary by the
			 Department to insure maintenance or attainment of water quality, minimization
			 of any damage to the environment that may result from the project, or
			 compliance with any applicable provisions of Massachusetts law that the
			 Department is authorized to administer. As a condition of certification of
			 subdivisions or other phased activities, applicants may be required to record a
			 deed restriction which would limit subsequent discharges of dredged or fill
			 material to ensure that the criteria for the evaluation of applications have
			 been applied to a single and complete project, including all components of
			 multi-phased activities;
(e) the
			 date the work may begin. No activity may begin prior to the expiration of the
			 appeal period or until a final decision is issued by the Department if an
			 appeal is filed;
(f) a statement
			 that the certification does not relieve the applicant of the duty to comply
			 with any other statutes or regulations;
(g) notification of the right to request an
			 adjudicatory hearing as described in
			 314 CMR 9.10;
			 and
(h) where applicable, other
			 state law determinations or approvals, including but not limited to a Chapter
			 91 dredging permit under
			 310 CMR
			 9.05(2): Activities
			 Requiring a Permit Application.
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 9.10 - Appeals

Current through Register 1525, July 5, 2024
(1)
Right to Appeal
.
			 Certain persons shall have a right to request an adjudicatory hearing
			 concerning certifications by the Department when an application is required:
(a) the applicant or property
			 owner;
(b) any person aggrieved by
			 the decision who has submitted written comments during the public comment
			 period;
(c) any ten persons of the
			 Commonwealth pursuant to M.G.L. c. 30A where a group member has submitted
			 written comments during the public comment period; and
(d) any governmental body or private
			 organization with a mandate to protect the environment that has submitted
			 written comments during the public comment period. Any person aggrieved, any
			 ten persons of the Commonwealth, or a governmental body or private organization
			 with a mandate to protect the environment may appeal without having submitted
			 written comments during the public comment period only when the claim is based
			 on new substantive issues arising from material changes to the scope or impact
			 of the activity and not apparent at the time of public notice.
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 9.11 - Enforcement

Current through Register 1525, July 5, 2024
Failure to comply with
				314 CMR 9.00, a 401 Water
				Quality Certification, a Combined Permit that serves as a 401 Water Quality
				Certification in accordance with
				314 CMR
				9.09(4), or a final Order of
				Conditions or final Restoration Order of Conditions that serves as a 401 Water
				Quality Certification in accordance with
				314 CMR
				9.03, shall be enforced as provided in M.G.L.
				c. 21, §§ 42 and 44, M.G.L. c. 21A, § 16, and
				310 CMR
				5.00: Administrative Penalty.