reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 360 CMR - MASSACHUSETTS WATER RESOURCE AUTHORITY › Title 360 CMR 2.00 - Enforcement And Administrative Penalties › ENFORCEMENT OPTIONS › Section 2.11 - Enforcement Options - General

Current through Register 1525, July 5, 2024
Whenever, on the basis of any available information, the
							Authority finds that a Person has violated, is violating, or threatens to violate
							360 CMR 10.000:
Sewer Use,
any Notice of Noncompliance, order,
							or Permit issued pursuant to Authority regulations, or any settlement agreement
							to which the Authority is a signatory and which binds the Person or his or her
							assignee or successor, or that a Person has made a false representation in an
							application, record, or report to the Authority, or has falsified, tampered with,
							or rendered inaccurate a monitoring device or method, or failed to pay a penalty
							or fee due to the Authority, the Authority may take one or more of the following
							actions:
(1) Issue a Notice of
						Noncompliance;
(2) Issue an
						administrative order requiring any action the Authority is authorized to
						require;
(3) Assess a civil
						administrative penalty;
(4) Issue or
						modify a Permit under 360 CMR 10.000:
Sewer Use
with schedules
						of compliance or other requirements as necessary to bring the permittee into
						compliance or prevent further violations, or both;
(5) Revoke, deny, suspend, or refuse to renew a
						Permit issued under 360 CMR 10.000:
Sewer Use;
(6) Terminate or suspend water and/or sewer
						services provided to the Person;
(7)
						Institute a court action for:
(a) Civil
						penalties;
(b) Criminal fines and/or
						other criminal punishment;
(c)
						Injunctive relief, including the issuance of an injunction or a temporary
						restraining order;
(d) Reimbursement
						of costs and/or damages resulting from the violation or threatened violation;
						and/or
(e) Any other judicial relief
						authorized by law or regulation;
Code of Massachusetts Regulations › 360 CMR - MASSACHUSETTS WATER RESOURCE AUTHORITY › Title 360 CMR 2.00 - Enforcement And Administrative Penalties › ENFORCEMENT OPTIONS › Section 2.12 - Notice of Noncompliance

Current through Register 1525, July 5, 2024
(1) A Notice of
						Noncompliance shall identify each Requirement the Authority asserts was violated
						by the Person to whom the Notice of Noncompliance is issued, the occasion(s) that
						each Requirement was violated, and shall require the Person to whom the Notice of
						Noncompliance is issued to:
(a) comply by a
						date certain with the Requirement(s) identified in the Notice of Noncompliance
						and/or with
						360 CMR 10.021
						through
						10.025;
						and/or
(b) submit to the Authority by
						a date certain a written report describing the measures the Person will take to
						achieve compliance with the Requirements identified in the Notice of
						Noncompliance, and the date by which such measures will be taken.
Code of Massachusetts Regulations › 360 CMR - MASSACHUSETTS WATER RESOURCE AUTHORITY › Title 360 CMR 2.00 - Enforcement And Administrative Penalties › ENFORCEMENT OPTIONS › Section 2.13 - Administrative Order

Current through Register 1525, July 5, 2024
(1) The Authority may
						issue an administrative order to require a Person to:
(a) Cease and desist a Violation and/or any
						actions that cause or threaten to cause a Violation;
(b) Submit reports, subject to such
						modifications as the Authority deems appropriate, identifying the measures the
						Person will take to correct or eliminate a Violation or threatened Violation, and
						the dates by which the measures will be taken;
(c) Take specific measures to correct or
						eliminate a Violation or threatened Violation, including pretreatment changes,
						process changes, and/or the implementation of measures to reduce the use of toxic
						materials in the Person's production process;
(d) Follow an implementation schedule requiring
						specific actions according to a time schedule, including, but not limited to,
						submitting plans identifying all wastewater piping and sewer connections, dye
						testing of lines and pipes, installing improved or additional sampling locations,
						and obtaining expert advice and assistance;
(e) Follow a schedule of sampling, analyzing,
						and reporting sampling results to the Authority; and/or
(f) Take any other action the Authority is
						authorized by law or regulation to require concerning the Violation or threatened
						Violation.
Code of Massachusetts Regulations › 360 CMR - MASSACHUSETTS WATER RESOURCE AUTHORITY › Title 360 CMR 2.00 - Enforcement And Administrative Penalties › ENFORCEMENT OPTIONS › Section 2.14 - Penalty Assessment Notice

Current through Register 1525, July 5, 2024
(1) To assess an
						administrative penalty, the Authority shall issue a Penalty Assessment Notice to
						the Person to be assessed the penalty. Each penalty shall be based on a Violation
						that occurred on or after May 1, 1987, and, at the time it occurred, constituted
						noncompliance with a Requirement:
(a) Which was
						then in effect;
(b) To which that
						Person was then subject; and
(c) To
						which Authority regulations apply.
Code of Massachusetts Regulations › 360 CMR - MASSACHUSETTS WATER RESOURCE AUTHORITY › Title 360 CMR 2.00 - Enforcement And Administrative Penalties › ENFORCEMENT OPTIONS › Section 2.15 - Permit Action

Current through Register 1525, July 5, 2024
(1) The Authority may
						revoke, suspend, modify, deny, or refuse to renew a Permit issued under 360 CMR
						10.000:
Sewer Use
whenever, on the basis of available
						information, the Authority finds that the permittee:
(a) Provided false or misleading information to
						the Authority, or failed to provide relevant information to the Authority, as
						part of the permitting process;
(b)
						Intentionally falsified or misrepresented records, rendered inaccurate or
						tampered with any monitoring device or method used or required by the Authority,
						or manipulated sampling, inspecting, or other monitoring to hide actual or
						potential violations of any Requirement;
(c) Has a history of noncompliance that has not
						abated after receiving a Notice of Noncompliance, Order, Penalty Assessment
						Notice, or a Permit with a compliance schedule from the Authority;
(d) Has violated or failed to comply with a
						Notice of Noncompliance, Order, Ruling, or a Permit, issued by the Authority or a
						court after having a reasonable opportunity to comply;
(e) Intentionally violated or failed to comply
						with a Notice of Noncompliance, Order, Ruling or a Permit issued by the Authority
						or a court;
(f) Intentionally
						violated or failed to comply with a settlement agreement to which the Authority
						and the permittee are parties;
(g)
						Does not have the ability to comply with an Authority Requirement within a
						reasonable period of time;
(h) Has a
						discharge which can reasonably be expected to result in a significant harm to
						health, safety, the environment, the Authority Sewerage System, a tributary to
						the Authority Sewerage System, or to cause Interference or Pass Through;
						or
(i) Has failed to pay a penalty or
						fee due the Authority after receiving notice to do so.
Code of Massachusetts Regulations › 360 CMR - MASSACHUSETTS WATER RESOURCE AUTHORITY › Title 360 CMR 2.00 - Enforcement And Administrative Penalties › ENFORCEMENT OPTIONS › Section 2.16 - Emergency Suspension of Service

Current through Register 1525, July 5, 2024
(1) Notwithstanding
						any other provision of
						360 CMR 2.00, whenever the
						Authority finds that a discharge presents or reasonably appears to present an
						imminent endangerment to the health or welfare of persons or to the environment,
						or threatens to interfere with the operation of the Authority Sewerage System or
						a municipal sewerage system, the Authority may take steps immediately and
						effectively to halt or prevent such discharge. Steps may include disconnecting
						the Person from the sewer system.
(2)
						The Authority shall not disconnect or otherwise suspend service without giving
						prior informal notice of the suspension to the Person whose service will be
						suspended or who appears responsible for the discharge. A Person receiving notice
						of the Authority's intent to disconnect or otherwise suspend service shall
						suspend the discharge within the time specified by the Authority. If the Person
						fails to suspend the discharge, the Authority may take such action as it deems
						necessary to halt or prevent the discharge. The Authority shall reinstate service
						when it finds that the conditions requiring the suspension have been
						eliminated.
Code of Massachusetts Regulations › 360 CMR - MASSACHUSETTS WATER RESOURCE AUTHORITY › Title 360 CMR 2.00 - Enforcement And Administrative Penalties › APPEALS AND AFFIRMATIVE DEFENSES › Section 2.22 - Appeals of Penalty Assessment Notices

Current through Register 1525, July 5, 2024
(1) Within 30 days of
						the issuance of a Penalty Assessment Notice, the Person to whom the notice is
						issued may request a hearing by filing a Claim for Adjudicatory Proceeding
						pursuant to
						360 CMR
						1.00. In addition to the complying with the requirements
						of
						360 CMR
						1.00, the Claim shall:
(a) Contain a concise statement of the grounds
						for the Claim;
(b) Identify each
						contested act or omission alleged in the Penalty Assessment Notice and state the
						grounds for contesting the act or omission;
(c) Identify each Requirement alleged to have
						been violated that the Person intends to contest and state the grounds for
						contesting the Requirement;
(d)
						Contain a concise statement of the grounds upon which the Person intends to
						contest the penalty assessed for each act or omission alleged to constitute a
						Violation; and
(e) State the relief
						sought.
Code of Massachusetts Regulations › 360 CMR - MASSACHUSETTS WATER RESOURCE AUTHORITY › Title 360 CMR 2.00 - Enforcement And Administrative Penalties › APPEALS AND AFFIRMATIVE DEFENSES › Section 2.23 - Affirmative Defenses

Current through Register 1525, July 5, 2024
(1) It shall be an
						affirmative defense to any enforcement action that the noncompliance was caused
						by an Upset as defined in
						360 CMR 10.004:
General Requirements.
In such action, the Person seeking to
						establish the occurrence of an Upset shall have the burden of proof, which will
						be met if the Person:
(a) Has reported the
						following information to the Authority within 24 hours of becoming aware of the
						Upset (if the information is provided orally, a written submission must be
						provided within five days):
1. A description of
						the discharge and cause of noncompliance;
2. The period of noncompliance, including exact
						dates and times or, if not corrected, the anticipated time the noncompliance is
						expected to continue; and
3. Steps
						being taken and/or planned to reduce, eliminate, and prevent recurrence of the
						noncompliance; and
Code of Massachusetts Regulations › 360 CMR - MASSACHUSETTS WATER RESOURCE AUTHORITY › Title 360 CMR 2.00 - Enforcement And Administrative Penalties › ADMINISTRATIVE PENALTIES › Section 2.31 - Maximum Permissible Penalty

Current through Register 1525, July 5, 2024
A penalty shall not exceed $10,000.00 per violation per day.
							Each day's violation shall constitute a separate violation.
There may be a penalty assessed for more than one Violation per
							day. For example, where on one day a Person violates the discharge limits for
							various pollutants, the Authority may assess a separate penalty of up to
							$10,000.00 for each pollutant limit violated.
Code of Massachusetts Regulations › 360 CMR - MASSACHUSETTS WATER RESOURCE AUTHORITY › Title 360 CMR 2.00 - Enforcement And Administrative Penalties › ADMINISTRATIVE PENALTIES › Section 2.32 - Calculating Duration of Noncompliance for Purposes of a Penalty Assessment Notice

Current through Register 1525, July 5, 2024
(1) When the
						Authority issues a Penalty Assessment Notice to a Person within two years after
						it issued the Person a Notice of Noncompliance, and the Person failed to comply
						with Requirements set forth in the Notice of Noncompliance by the date specified
						therein, a penalty may be assessed for each Violation cited in the Notice of
						Noncompliance that occurred within two years prior to the issuance of the Notice
						of Noncompliance and for each violation of the same Requirement occurring
						thereafter.
No penalty may be assessed for Violations cited in a Notice of
							Noncompliance where the Person to whom the Notice of Noncompliance was issued
							complied with the Requirements set forth in the Notice of Noncompliance by the
							date specified, submitted any reports required by the Notice of Noncompliance by
							the dates set forth, and completed the measure(s) by the date set forth in the
							reports.
(2) When the
						Authority issues a Penalty Assessment Notice to a Person to whom it had not
						issued a Notice of Noncompliance, or to whom it issued a Notice of Noncompliance
						more than two years prior to the issuance of the Penalty Assessment Notice, a
						penalty may not be assessed for any Violation by the Person of which the
						Authority had knowledge more than two years prior to the Penalty Assessment
						Notice.
Code of Massachusetts Regulations › 360 CMR - MASSACHUSETTS WATER RESOURCE AUTHORITY › Title 360 CMR 2.00 - Enforcement And Administrative Penalties › ADMINISTRATIVE PENALTIES › Section 2.34 - Paying an Administrative Penalty

Current through Register 1525, July 5, 2024
(1) A penalty shall be
						paid by certified check, cashier's check, or money order payable to the
						Massachusetts Water Resources Authority.
(2) Each administrative penalty shall be paid
						in full as follows:
(a) If the Person assessed
						the penalty waives its right to a hearing, the Penalty shall be paid in full no
						later than 30 days after the date of issuance of the Penalty Assessment
						Notice.
(b) If the Person assessed
						the penalty seeks a hearing under
						360 CMR
						1.00:
Adjudicatory Proceedings
and
						360 CMR 2.00, the penalty shall
						be paid in full upon the conclusion of the hearing, as follows:
1. If the proceeding is ended by written
						agreement, no later than 30 days after the Executive Director approves the
						agreement;
2. If the proceeding is
						ended by a Final Decision approved and signed by the Executive Director, no later
						than 30 days after the approval;
3.
						If a civil action for judicial review of a final decision is commenced pursuant
						to M.G.L. c. 30A, and the court upholds the assessment in whole or in part, no
						later than 30 days after the date of the court's decision, unless the court
						orders otherwise.
(c) The
						Authority may authorize payment of a Penalty at a time or times later than those
						prescribed pursuant to 360 CMR 2.34. No such authorization shall be valid, unless
						made by the Executive Director expressly and in writing. In the absence of any
						such express written authorization, the provisions of 360 CMR 2.34(2)(b) shall
						apply. If the Authority gives any such express written authorization, the Penalty
						shall be paid in full at the time or times specified.
Code of Massachusetts Regulations › 360 CMR - MASSACHUSETTS WATER RESOURCE AUTHORITY › Title 360 CMR 2.00 - Enforcement And Administrative Penalties › Appendix A

Current through Register 1525, July 5, 2024
Calculation of a Penalty pursuant to
						360 CMR
						2.33(1) and (6)
For each discharge violation:
Evaluation Criteria
Score
Weight Factor
Weighted Score
Violation Magnitude
____
x 30
=
____
Flow
____
x 30
=
____
Culpability
____
x 20
=
____
Frequency
____
x 20
=
____
TOTAL
x $10
PENALTY AMOUNT
____
Adjustment factors
To make the violator's failure to comply more costly
											than if the violator had complied
+____
To help to deter future noncompliance by the violator
											or others
+____
To compensate the Authority or others for damages
											suffered or costs incurred
+____
To compensate for other damages to the public health
											safety, welfare, or the environment
+____
If previous penalties did not assure compliance by the
											violator
+____
Violator's ability to pay
-____
TOTAL PENALTY AFTER ADJUSTMENT
$____
Code of Massachusetts Regulations › 360 CMR - MASSACHUSETTS WATER RESOURCE AUTHORITY › Title 360 CMR 10.00 - Sewer Use › GENERAL PROVISIONS › Section 10.001 - Authority

Current through Register 1525, July 5, 2024
360 CMR 10.000 are the rules and regulations of the Massachusetts Water Resources Authority, promulgated under the authority of St. 1984, c. 372, St. 1987, c. 307, and St. 1991, c. 41, governing the discharge of sewage, drainage, substances, and wastes into any sewer under the control of the Authority, or into any sewer tributary thereto. 360 CMR 10.000 is established in compliance with all applicable requirements of federal and state law including, without limitation, the requirements of the Federal Water Pollution Control Act,  P.L. 92  500,  33 U.S.C. §
										1251
et seq
., and the regulations thereunder, 40 CFR Part 403; the National Pollutant Discharge Elimination System program permits issued to the Authority by the United States Environmental Protection Agency and the Massachusetts Department of Environmental Protection; and the Massachusetts Clean Waters Act, M.G.L. c. 21, §
26 et seq
., and 314 CMR 2.00:
Permit Procedures
, 314 CMR 7.00:
Sewer System Extension and Connection Permit Program
, and 314 CMR 12.00:
Operation and Maintenance and Pretreatment Standards for Wastewater Treatment Works and Indirect Dischargers
.
Code of Massachusetts Regulations › 360 CMR - MASSACHUSETTS WATER RESOURCE AUTHORITY › Title 360 CMR 10.00 - Sewer Use › GENERAL PROVISIONS › Section 10.002 - Purpose

Current through Register 1525, July 5, 2024
360 CMR 10.000 is intended to protect the public health, safety
							and welfare and the environment and to ensure proper and safe operation of the
							Authority's wastewater treatment facilities by regulating the direct and indirect
							discharge of wastewater and pollutants to the Authority Sewerage System.
Code of Massachusetts Regulations › 360 CMR - MASSACHUSETTS WATER RESOURCE AUTHORITY › Title 360 CMR 10.00 - Sewer Use › GENERAL PROVISIONS › Section 10.003 - Severability

Current through Register 1525, July 5, 2024
The provisions of 360 CMR 10.000 are severable. If any
							provision of 360 CMR 10.000, or application to any person or circumstance, is
							held invalid, such invalidity shall not affect other provisions or applications
							which can be given effect without the invalid provision or
							application.
Code of Massachusetts Regulations › 360 CMR - MASSACHUSETTS WATER RESOURCE AUTHORITY › Title 360 CMR 10.00 - Sewer Use › GENERAL PROVISIONS › Section 10.005 - Applicability

Current through Register 1525, July 5, 2024
Every Person who directly or indirectly discharges Wastewater
							to the Authority Sewerage System, including to any tributary thereto, shall
							ensure that such discharge complies with 360 CMR 10.000. The requirements of 360
							CMR 10.000 apply to direct discharges to the Authority Sewerage System and to
							discharges to the Authority Sewerage System through a municipal
							sewer.
Code of Massachusetts Regulations › 360 CMR - MASSACHUSETTS WATER RESOURCE AUTHORITY › Title 360 CMR 10.00 - Sewer Use › GENERAL PROVISIONS › Section 10.006 - General Requirements

Current through Register 1525, July 5, 2024
(1)
Inflow
						and Infiltration
. Each new Sanitary Sewer and replacement or
						extension that discharges directly or indirectly to the Authority Sewerage
						System, shall be designed and constructed so as to minimize, to the maximum
						extent possible, all Inflow and Infiltration into the Municipal or Authority
						Sewerage System. The owner and/or operator of any Sewerage System which
						discharges directly or indirectly to the Authority Sewerage System shall operate
						and maintain the System so as to eliminate any and all contaminated Inflow and
						Infiltration and any Inflow and Infiltration in quantities above that allowed by
						the Authority.
(2)
Storm
						Sewers, Sanitary Sewers, and Combined Sewers
. The plumbing of any
						estate or premises discharging directly or indirectly to the Authority Sewerage
						System shall be arranged so as to keep any groundwater, storm water, surface
						water, roof and surface runoff, uncontaminated Cooling Water, Non-contact Cooling
						Water, and Non-contact industrial process waters separate from the Sanitary
						Sewage of the estate or premises. Groundwater, storm water, surface water, roof
						and surface runoff, uncontaminated Cooling Water, Non-contact Cooling Water,
						non-contact industrial process waters, and waters from any lake, swamp, pond, or
						swimming pool shall not be discharged to a Sanitary Sewer, except:
(a) as authorized in
						360 CMR 10.023(1) and
						(2);
(b) swimming pool water may be discharged when
						there is no reasonable alternative and upon approval by the Authority, which will
						not be given when a receiving sewer has insufficient capacity to handle the
						discharge; and
(c) Inflow to a
						Municipal Sewer or the Authority Sewerage System is prohibited except in those
						areas served only by a Combined Sewer. Where the Municipality provides only a
						Combined Sewer, separate Storm Sewer and Sanitary Sewer connections to the
						Municipality's Combined Sewer shall be constructed in accordance with any permit
						issued by the Authority.
Code of Massachusetts Regulations › 360 CMR - MASSACHUSETTS WATER RESOURCE AUTHORITY › Title 360 CMR 10.00 - Sewer Use › GENERAL PROVISIONS › Section 10.009 - Signatories and Certifications

Current through Register 1525, July 5, 2024
Each permit application, discharge monitoring report,
							compliance report, and any other report or notification required by 360 CMR
							10.000 or a permit or order issued thereunder shall be signed by an authorized
							representative of the Person submitting the application or report, and shall be
							certified as accurate. The Authority may, in a manner specified by the Authority
							and in compliance with 40 CFR Part 3:
Electronic Reporting,
allow an application or report to be submitted by electronic means and shall
							require a verified electronic signature of an authorized representative of the
							Person submitting the application or report, and shall be certified as accurate.
							An authorized representative shall be an individual described in
							40 CFR §
										403.12(1). The Authority may
							require documents submitted pursuant to 360 CMR 10.000 to contain a certification
							consistent with the following:
I certify under the penalty of law that this document and all
							attachments were prepared under my direction or supervision in accordance with a
							system designed to assure that qualified personnel properly gather and evaluate
							the information submitted. Based upon my inquiry of the person or persons who
							manage the system, or those persons directly responsible for gathering the
							information, the information submitted is, to the best of my knowledge and
							belief, true, accurate, and complete. I am aware that there are significant
							penalties for submitting false information.
If the Authority requires that discharge monitoring reports be
							submitted to it by electronic means, and/or authorizes the submission of such
							reports directly from laboratories used by the Person responsible for submitting
							the report, it shall require a certification similar to the above certification
							from the Person, authorizing submissions directly from the
							laboratory.
Code of Massachusetts Regulations › 360 CMR - MASSACHUSETTS WATER RESOURCE AUTHORITY › Title 360 CMR 10.00 - Sewer Use › GENERAL PROVISIONS › Section 10.010 - Record Keeping

Current through Register 1525, July 5, 2024
(1) Unless otherwise
						provided in 360 CMR 10.010, or in any permit or order issued hereunder, every
						Person required to obtain a permit pursuant to 360 CMR 10.000 shall maintain for
						a minimum of three years all records required to be generated or kept by 360 CMR
						10.000 or by any permit or order issued thereunder, all records from wastewater
						control and measuring devices, and all records pertaining to sampling and
						analysis of the Person's discharges to the Authority Sewerage System.
(2) In addition to the record keeping and
						record submission requirements of 360 CMR 10.000, every Person required to have a
						permit by 360 CMR 10.000 shall maintain and submit to the Authority all reports
						for its operations within the Authority Sewerage District it is required to
						maintain or submit by 40 CFR Part 403, including those required by
						40 CFR
						403.12 and the National Categorical
						Pretreatment Standards.
(3) All
						records referred to in 360 CMR 10.010(1) and (2) shall be made available to the
						Authority for inspection and copying. The Authority may require that copies of
						records be produced.
(4) All records
						pertaining to matters covered by an order issued under 360 CMR 10.000, or to any
						enforcement action or litigation involving the Authority, shall be retained until
						the enforcement action is concluded and all appeal periods concerning the order
						or action have expired, unless a longer period of retention is otherwise
						required.
Code of Massachusetts Regulations › 360 CMR - MASSACHUSETTS WATER RESOURCE AUTHORITY › Title 360 CMR 10.00 - Sewer Use › GENERAL PROVISIONS › Section 10.011 - Public Records

Current through Register 1525, July 5, 2024
(1)
Records Available to the Public
. Every Record pertaining
						to a Person governed by 360 CMR 10.000 which is made or received by the
						Authority, shall be considered a Public Record and shall be available for
						disclosure to the general public pursuant to a request under 360 CMR 10.011
						except the following:
(a) all Records
						specifically excluded from the definition of a "public record" pursuant to M.G.L.
						c. 4, § 7(26).
(b) all Trade
						Secrets the disclosure of which would not be in compliance with the Massachusetts
						Clean Waters Act, M.G.L. c. 21, § 27(7), or any other provision of
						Massachusetts law governing the confidentiality of records submitted to a
						governmental entity;
(c) all Records
						specifically or by necessary implication exempted from disclosure by
						law.
Code of Massachusetts Regulations › 360 CMR - MASSACHUSETTS WATER RESOURCE AUTHORITY › Title 360 CMR 10.00 - Sewer Use › GENERAL PROVISIONS › Section 10.012 - Access to Facilities

Current through Register 1525, July 5, 2024
(1) For purposes of
						investigating or inspecting any condition relating to the discharge or possible
						discharge of pollutants, and/or inspecting records relating to such discharge,
						authorized representatives of the Authority, the Municipality where a discharge
						occurs, the Executive Office of Environmental Affairs and its departments, and
						the EPA shall be permitted to enter any public or private property connected
						directly or indirectly to the Sewer and all areas of any premises owned or
						controlled by a permittee which the Authority believes may be used in connection
						with activities governed by 360 CMR 10.000, including any area where wastewater
						is generated or where chemicals, raw materials, or products are stored.
(2) Without limiting 360 CMR 10.012(1),
						Authority representatives shall have access for purposes of:
(a) inspecting, sampling, dye testing, and
						gauging any Sanitary Sewage and/or Wastewater conveyed through or to a
						Sewer;
(b) inspecting, diagramming,
						and/or photographing any monitoring equipment, Pretreatment equipment or systems,
						pipes, or any other equipment which the Authority believes may be used in
						connection with discharges to or through a Sewer;
(c) examining, copying, and/or photographing
						any records or matters pertaining to discharges to or through a Sewer or
						pertaining to the operation of a Pretreatment system or process line that
						generates Wastewater and/or Sanitary Sewage discharged to a Sewer;
(d) determining compliance with St. 1984, c.
						372, St. 1987, c. 307, and 360 CMR 10.000; and/or
(e) preventing an imminent danger to the public
						health, safety, welfare or the environment from the discharge or threatened
						discharge of Wastewater and/or Sanitary Sewage to a Sewer.
Code of Massachusetts Regulations › 360 CMR - MASSACHUSETTS WATER RESOURCE AUTHORITY › Title 360 CMR 10.00 - Sewer Use › GENERAL PROVISIONS › Section 10.013 - Non-complying Discharges: Required Notifications and Actions

Current through Register 1525, July 5, 2024
(1) Each Person with a discharge governed by
						360 CMR 10.000 shall notify the Authority and the appropriate Municipality
						immediately by telephone of any accidental discharge of a pollutant regulated by
						360 CMR 10.000 or by any permit or order issued thereunder, and of any Upset,
						Slug or Slug Discharge, or spill that may reasonably be expected to discharge to
						the Municipal or Authority Sewerage System. Such notification shall contain the
						information necessary to enable the Authority and Municipality to undertake
						countermeasures to minimize damage to the Authority and Municipal Sewerage
						Systems, Receiving Waters, and the public health, safety, welfare and the
						environment, including the following:
(a) the
						location of the discharge;
(b) the
						date and time of the discharge;
(c)
						the characteristics of the discharge, including concentration and volume;
						and
(d) any corrective actions
						taken.
Code of Massachusetts Regulations › 360 CMR - MASSACHUSETTS WATER RESOURCE AUTHORITY › Title 360 CMR 10.00 - Sewer Use › GENERAL PROVISIONS › Section 10.014 - User Charges

Current through Register 1525, July 5, 2024
The Authority may use information contained in permit
							applications, permits, discharge monitoring reports, and any other information it
							considers relevant, as a basis for determining user charges.
Code of Massachusetts Regulations › 360 CMR - MASSACHUSETTS WATER RESOURCE AUTHORITY › Title 360 CMR 10.00 - Sewer Use › GENERAL PROVISIONS › Section 10.015 - Implementation Charges

Current through Register 1525, July 5, 2024
(1) To recoup costs
						incurred by the Authority to implement and enforce 360 CMR 10.000, the Authority
						has adopted the following implementation charges:
(a) To respond to a request to allow a one-time
						only discharge: $50 per hour. The minimum charge is three hours ($150). Payment
						of $ 150 shall be made before the Authority considers the request. The charge for
						more than three hours, if appropriate, shall be paid upon notice by the Authority
						and before the Authority provides a decision on the request. The Authority, in
						its discretion, may waive all or part of the charge for a request for a
de minimis
discharge.
(b) To respond to a spill or other release of
						materials that enters or threatens to enter the Authority's sewer system or a
						tributary to Authority's sewer system: $150 per hour. The minimum charge is three
						hours ($450). The Authority may also charge for its sampling and analytical costs
						and its costs of preventing the materials from entering the sewer and for
						containing and removing materials from the sewer. The Person responsible for the
						spill or other release shall pay the charge. If more than one Person is wholly or
						partially responsible for the spill or other release, each such Person is jointly
						and severally liable for the charge.
Code of Massachusetts Regulations › 360 CMR - MASSACHUSETTS WATER RESOURCE AUTHORITY › Title 360 CMR 10.00 - Sewer Use › GENERAL PROVISIONS › Section 10.016 - Gas/Oil Separators

Current through Register 1525, July 5, 2024
(1) Garages, parking
						lots, and places where petroleum-based products are used or stored, where Wastes
						containing petroleum-based grease in levels above those allowed under
						360 CMR 10.023(4), (5), (7),
						(8) or (10) are produced or stored, or where
						oily and/or flammable Wastes, sand, or other harmful materials are produced or
						stored shall have Separators to intercept such substances prior to their
						discharge to the Authority Sewerage System.
(2) The size, capacity, type, and location of
						each Separator shall be subject to approval by the Authority.
(3) Separators shall be located to allow ready
						and easy access for purposes of removing the cover, and for service, maintenance,
						and inspection.
(4) Separators shall
						be properly serviced and maintained. The schedule for service and maintenance of
						a Separator shall be subject to approval by the Authority. The operator of the
						premises where the Separator is located shall maintain a log describing the date
						and type of all service and maintenance performed in connection with the
						Separator, the identity of the Person who performed the service and/or
						maintenance, the amount of residue removed from the Separator on each date, and
						the method of disposal of the residue. The log entries shall be maintained for
						six years and shall be made available for inspection and copying by the
						Authority.
(5) In addition to
						complying with 360 CMR 10.000, Separators shall conform to the regulations of the
						Board of State Examiners of Plumbers and Gas Fitters,
						248 CMR
						10.00:
State Plumbing Code,
and all
						other applicable laws.
(6) Both the
						owner of the premises where a Separator is required and the owner and/or operator
						of the establishment or business conducted on the premises, shall be jointly and
						severally responsible for installing a Separator acceptable to the Authority and
						for properly servicing and maintaining the Separator.
Code of Massachusetts Regulations › 360 CMR - MASSACHUSETTS WATER RESOURCE AUTHORITY › Title 360 CMR 10.00 - Sewer Use › GENERAL PROVISIONS › Section 10.017 - Grease Traps and Grease Interceptors

Current through Register 1525, July 5, 2024
(1) A Person who is
						required by Massachusetts law or regulation to have a grease trap or grease
						interceptor (including by
						310 CMR
						15.230:
Retreatment Units - Grease
						Traps
and
						248 CMR
						10.00:
State Plumbing Code
) shall have
						grease traps and grease interceptors of the appropriate size, type, construction,
						and location as required by state law or regulation. Such Person shall assure
						that its grease traps and grease interceptors are appropriately cleaned and
						maintained so that they operate efficiently and effectively.
(2) Chemical, biological, or physical means
						shall not be used to release fats, wax, oil, or grease into the sewer, bypass the
						trap or interceptor, or otherwise make the trap or interceptor operate less
						effectively. A chemical or biological agent that the Authority has approved in
						writing for use in a grease trap or interceptor may be added to a trap or
						interceptor to convert the fats, wax, oil, and grease in a trap or interceptor to
						a substance not regulated by
						360 CMR 10.021
						through
						10.024
						if the resulting discharge from the trap or interceptor will not cause or
						contribute to an obstruction or blockage in the sewer or otherwise violate
						360 CMR 10.021
						through
						10.024.
						Unless so converted, the fats, wax, oil, and grease contents of a grease trap or
						interceptor shall not be discharged to the sewer system.
Code of Massachusetts Regulations › 360 CMR - MASSACHUSETTS WATER RESOURCE AUTHORITY › Title 360 CMR 10.00 - Sewer Use › GENERAL PROVISIONS › Section 10.018 - Significant Industrial Users

Current through Register 1525, July 5, 2024
In addition to the requirements of 360 CMR 10.000, any Person
				  operating a facility in the Authority Sewerage District that is a Significant
				  Industrial User shall comply with the applicable requirements of 40 CFR Part
				  403 , including the reporting requirements of
				  40 CFR
				  403.12 and any National Categorical
				  Pretreatment Standard applicable to the facility, including effluent limits and
				  Best Management Practices.
Code of Massachusetts Regulations › 360 CMR - MASSACHUSETTS WATER RESOURCE AUTHORITY › Title 360 CMR 10.00 - Sewer Use › PROHIBITED WASTES AND LOCAL LIMITS › Section 10.021 - General Prohibitions

Current through Register 1525, July 5, 2024
No Person shall discharge or cause or allow to be discharged,
							directly or indirectly, to the Authority Sewerage System any Wastewater, Sanitary
							Sewage, or substance that, either singly or in combination with any other
							Wastewater, will:
(1) Harm or interfere
						with the Authority Sewerage System or a Municipal Sewer;
(2) Cause Pass Through or Interference, or be
						otherwise incompatible with the Authority wastewater treatment process, including
						Sludge use, management, or disposal;
(3) Cause a violation of any federal or state
						law or any federal or state permit issued to the Authority;
(4) Affect adversely Receiving Waters or
						violate water quality criteria;
(5)
						Endanger or threaten to endanger the life, health, or welfare of any person or
						persons, or the public health, safety, or welfare, or the environment, or public
						property;
(6) Constitute a
						nuisance.
Code of Massachusetts Regulations › 360 CMR - MASSACHUSETTS WATER RESOURCE AUTHORITY › Title 360 CMR 10.00 - Sewer Use › PROHIBITED WASTES AND LOCAL LIMITS › Section 10.022 - National Pretreatment Standards

Current through Register 1525, July 5, 2024
Every Person who discharges Wastewater directly or indirectly
							to the Authority Sewerage System shall comply with the strictest of the following
							discharge limits applicable to the discharge: the National Pretreatment
							Standards, state limits, local limits, limits contained in 360 CMR 10.000, or
							limits in a permit or order issued under 360 CMR 10.000. If a National
							Categorical Pretreatment Standard includes a limit in addition to a daily maximum
							limit
(e.g.,
30-day, monthly, weekly, four-day, loading, or
							production-based limit), that limit must be met in addition to the more stringent
							of the Daily Maximum Limits.
Code of Massachusetts Regulations › 360 CMR - MASSACHUSETTS WATER RESOURCE AUTHORITY › Title 360 CMR 10.00 - Sewer Use › PROHIBITED WASTES AND LOCAL LIMITS › Section 10.023 - Specific Prohibitions

Current through Register 1525, July 5, 2024
No Person shall discharge, or cause or allow to be discharged,
							directly or indirectly, into the Authority Sewerage System, any of the
							following:
(1) Groundwater, storm water,
						surface water, roof or surface runoff, tidewater, or subsurface drainage, except
						Construction Site Dewatering in a combined sewer area when permitted by the
						Authority and municipality.
(2)
						Non-contact Cooling Water, non-contact industrial process water, uncontaminated
						Contact Cooling Water, and uncontaminated industrial process water, except:
(a) as permitted by the Authority when the
						discharger has taken all reasonable efforts to eliminate and minimize the flow,
						there is not reasonable access to a storm sewer, surface water, or another
						disposal alternative, and the amount to be discharged will not have an actual or
						potential adverse impact on the sewer system, the treatment plant, the quality of
						the receiving water, or the Authority's ability to meet its obligations under any
						law, regulation, permit, or order; and
(b) cooling tower blowdown.
Code of Massachusetts Regulations › 360 CMR - MASSACHUSETTS WATER RESOURCE AUTHORITY › Title 360 CMR 10.00 - Sewer Use › PROHIBITED WASTES AND LOCAL LIMITS › Section 10.024 - Specific Discharge Limitations/Local Limits

Current through Register 1525, July 5, 2024
(1) Any
						discharge of the following materials is prohibited:
(a) Into the Metropolitan Sewerage Service
						Area:
1. Mercury (enforced at 0.001
						mg/1);
2. Polychlorinated Biphenyls
						(PCBs);
3. Pesticides, unless the
						Authority determines upon request that the substance is acceptable for Discharge
						to the Sanitary Sewer under the criteria for exclusion or exemption in 40 CFR
						Parts 152 and 455, or that the substance is otherwise acceptable to Discharge,
						and that the substance would not otherwise violate
						360 CMR 10.021
						through 310 CMR 10.024; and
4.
						Hexachlorobutadiene.
Code of Massachusetts Regulations › 360 CMR - MASSACHUSETTS WATER RESOURCE AUTHORITY › Title 360 CMR 10.00 - Sewer Use › PROHIBITED WASTES AND LOCAL LIMITS › Section 10.025 - Dilution Prohibition

Current through Register 1525, July 5, 2024
No person shall achieve, or attempt to achieve, compliance with
							360 CMR 10.000 by diluting a Discharge instead of using proper pretreatment. The
							increased use of process water in place of proper treatment shall be considered
							dilution prohibited by 360 CMR 10.000.
Code of Massachusetts Regulations › 360 CMR - MASSACHUSETTS WATER RESOURCE AUTHORITY › Title 360 CMR 10.00 - Sewer Use › PROHIBITED WASTES AND LOCAL LIMITS › Section 10.026 - Compliance Measurement Location

Current through Register 1525, July 5, 2024
All limitations imposed by 360 CMR 10.000 shall be applied at
				  the end of the Pretreatment process line, at the end of the process line if
				  there is no Pretreatment, or at or near the discharge location if there is no
				  Pretreatment or process line. This shall not be construed to authorize a Person
				  to introduce a pollutant into a wastestream after the compliance measurement
				  location; rather, a sample taken at the compliance measurement location is
				  intended to measure the pollutants in a discharge to the sewer before dilution
				  of the wastestream.
Where it deems appropriate, the Authority may by permit or
				  order impose alternative limits or compliance measurement locations to assure
				  compliance with 360 CMR 10.000 and with federal, state, and local requirements.
				  This may include use of the Combined Wastestream Formula when authorized by EPA
				  regulations or use of a dilution factor when more than one stream is
				  combined.
The Authority may require samples from individual process
				  waste streams whether such waste streams are pretreated prior to discharge or
				  not. The Authority may require that compliance measurement locations be clearly
				  marked and/or photographed.
Code of Massachusetts Regulations › 360 CMR - MASSACHUSETTS WATER RESOURCE AUTHORITY › Title 360 CMR 10.00 - Sewer Use › SEPTAGE DISCHARGE PERMITS › Section 10.027 - Septage Origination Requirements

Current through Register 1525, July 5, 2024
(1) No Person shall
						Discharge or cause or allow to be discharged, directly or indirectly, into the
						Authority's Metropolitan Sewerage Service Area any Septage that originated
						outside the Metropolitan Sewerage Service Area.
(2) No Person shall Discharge or cause or allow
						to be discharged, directly or indirectly, into the Authority's Clinton Sewerage
						Service Area any Septage that originated outside the Authority's Clinton Sewerage
						Service Area.
Code of Massachusetts Regulations › 360 CMR - MASSACHUSETTS WATER RESOURCE AUTHORITY › Title 360 CMR 10.00 - Sewer Use › SEPTAGE DISCHARGE PERMITS › Section 10.031 - Requirement for Septage Discharge Permit and Permit Application and Issuance

Current through Register 1525, July 5, 2024
(1) No Person who engages in the commercial
						pumping, transporting, or discharging of Septage shall discharge or cause or
						allow to be discharged, directly or indirectly, into the Authority Sewerage
						System any Septage, unless such discharge is made pursuant to a Septage Discharge
						Permit issued by the Authority to the commercial Septage
						hauler/discharger.
(2) Every Person
						required to obtain a Septage Discharge Permit pursuant to 360 CMR 10.000 shall
						complete an application for the permit in the form required by the Authority and
						shall file the application with the Authority. An application form may be
						obtained from the Authority. The expense of completing and filing the
						application, and of the application fee, shall be borne by the
						applicant.
(3) The Authority shall
						evaluate the adequacy of the information supplied in each Septage Discharge
						Permit application. If the application contains insufficient, inaccurate, or
						incomplete information, the Authority may request that additional information be
						submitted within a specified period, or may take such other action as is
						authorized by law. If the applicant fails to supply information requested by the
						Authority, the Authority may deny the permit application. After review of the
						application and any additional information, the Authority may issue the permit,
						and may stipulate special conditions and terms for issuance of the
						permit.
(4) Any Person who files an
						application for a Septage Discharge Permit within 60 days after the effective
						date of 360 CMR 10.031 may discharge Septage without a permit until the Authority
						either issues the Person a permit or denies the permit application, so long as
						such discharge otherwise complies with 360 CMR 10.000.
Code of Massachusetts Regulations › 360 CMR - MASSACHUSETTS WATER RESOURCE AUTHORITY › Title 360 CMR 10.00 - Sewer Use › SEPTAGE DISCHARGE PERMITS › Section 10.032 - Terms and Conditions of Septage Discharge Permits

Current through Register 1525, July 5, 2024
A Septage Discharge Permit issued under 360 CMR 10.000 may
							require that the permittee:
(1) Limit
						the rate, time, characteristic, origin, and discharge location of
						Septage;
(2) Implement methods to
						measure and/or monitor its discharges;
(3) Submit discharge reports to the
						Authority;
(4) Maintain and submit to
						the Authority records documenting the amount, origin, discharge location, and
						characteristic of Septage and/or Industrial Waste pumped, transported, and
						discharged, whether within or outside the Authority Sewerage System
						District;
(5) Pay special service
						charges or fees;
(6) Comply with
						Authority Septage monitoring, tracking, manifest, and ticketing procedures;
						and
(7) Take any other action deemed
						necessary or appropriate by the Authority to help ensure compliance with 360 CMR
						10.000 and/or local, state, and federal law.
Code of Massachusetts Regulations › 360 CMR - MASSACHUSETTS WATER RESOURCE AUTHORITY › Title 360 CMR 10.00 - Sewer Use › SEPTAGE DISCHARGE PERMITS › Section 10.033 - Permit Modifications

Current through Register 1525, July 5, 2024
(1) A permittee shall
						provide at least 30 days advance written notice to the Authority before it:
(a) pumps or discharges Septage in a
						Municipality not authorized for pumping or discharge by the permittee in its
						Septage Discharge Permit;
(b)
						transports Industrial Waste, if the Permittee's Septage Discharge Permit does not
						authorize the transport of Industrial Waste; and/or
(c) takes any other action that alters the
						information provided in its Septage Discharge Permit application or that would be
						inconsistent with a term or condition of its permit.