Code of Massachusetts Regulations › 314 CMR - DIVISION OF WATER POLLUTION CONTROL › Title 314 CMR 3.00 - Surface Water Discharge Permit Program › Section 3.05 - Exemptions

Current through Register 1525, July 5, 2024
The following activities are exempt from the need to obtain an
				individual or general permit pursuant to M.G.L. c. 21, § 43 and
				314 CMR 3.00:
(1) Any discharge of sewage from vessels,
			 effluent from properly functioning marine engines, laundry, shower, and galley
			 sink wastes, or any other discharge incidental to the normal operation of a
			 vessel. This exclusion does not apply to rubbish, trash, garbage, or other such
			 materials discharged overboard; nor to other discharges when the vessel is
			 operating in a capacity other than as a means of transportation such as when
			 used as an energy or mining facility, a storage facility or a seafood
			 processing facility, or when secured to a storage facility or a seafood
			 processing facility, or when secured to the bed of the ocean, contiguous zone
			 or waters of the Commonwealth for the purpose of mineral or oil exploration or
			 development.
(2) Discharges of
			 dredged or fill material into waters of the Commonwealth which are regulated
			 under
			 33 U.S.C.
			 1251
								§ 404, and are exempted from the
			 need for a permit pursuant to
			 314 CMR
			 9.01(2).
(3) Any introduction of sewage, industrial
			 waste or other pollutants into publicly or privately owned treatment works by
			 indirect dischargers if authorized pursuant to
			 314 CMR 7.00.
(4) Any discharge in compliance with the
			 written instructions of an On-Scene Coordinator pursuant to 33 CFR Part 153 -
			 Control of Pollution by Oil and Hazardous Substances, Discharge Removal and 40
			 CFR Part 300, Subchapter J - Superfund, Emergency Planning, and Community
			 Right-To-Know Programs, Subparts B and C, or if conducted as an Immediate
			 Response Action in compliance with M.G.L. c. 21E and 310 CMR 40.0000, or if
			 approved in writing by the Department, as necessary to abate, prevent, or
			 eliminate an imminent hazard to the public health, safety, welfare or the
			 environment.
(5) Any introduction
			 of pollutants from non-point source agricultural and silvicultural activities,
			 including runoff from orchards, cultivated crops, pastures, range lands, and
			 forest lands, but not discharges from concentrated animal feeding operations,
			 discharges from concentrated aquatic animal production facilities, discharges
			 to aquaculture projects or discharges from silvicultural point sources, as
			 defined in
			 314 CMR
			 3.03.
(6) Return flows from irrigated
			 agriculture.
(7) Any discharge of
			 storm water that does not constitute a "storm water discharge".
(8) Any discharge that results from a
			 response action conducted or performed in compliance with the provisions of
			 M.G.L. c. 21E and 310 CMR 40.0000; provided, however, that the discharge is not
			 to an Outstanding Resource Water, as defined in the Massachusetts Surface Water
			 Quality Standards,
			 314 CMR
			 4.04(3), unless a variance
			 pursuant to
			 314 CMR 4.04(4)
			  is granted by the Department for such a
			 discharge.